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Case Clips

Published by the Indiana Office of Court Services

Civil

Dumka v. Erickson, No. 20A03-1605-PL-1178, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2017).

February 6, 2017 Filed Under: Civil Tagged With: Appeals, T. Crone

Although the debtor failed to assert the exemption for an IRA, the trial court did not abuse its discretion by taking judicial notice of the exemption and excluding the asset from garnishment.

Neal v. IAB Financial Bank, No. 02A03-1604-CT-1002, __ N.E.3d __ (Ind. Ct. App., Feb. 2, 2017).

February 6, 2017 Filed Under: Civil Tagged With: Appeals, M. May

A Good Samaritan who helps a stranded motorist does not have a duty to a motorist harmed by the formerly stranded motorist after aid was rendered.

Garner v. Kempf, No. 82A01-1512-PL-2362, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2017).

January 31, 2017 Filed Under: Civil Tagged With: Appeals, R. Altice, R. Pyle

Clerk, a garnishee defendant, is liable when she received a motion for proceedings supplemental to garnish the bond in an unrelated criminal case, and the clerk did not provide notice of the lien in the criminal case.

In re Grandparent Visitation of G.S., No. 30A01-1608-DR-1801, __N.E.3d__ (Ind. Ct. App, Jan. 17, 2016).

January 23, 2017 Filed Under: Civil Tagged With: Appeals, J. Baker

There is no statutory authority for a trial court to order a child to have visitation with relatives other than a grandparent in the face of a parent’s objections

Estate of Pfafman v. Lancaster, No. 57A03-1603-CC-516, __N.E.3d__ (Ind. Ct. App, Jan. 18, 2016).

January 23, 2017 Filed Under: Civil Tagged With: Appeals, E. Najam, N. Vaidik

The Comparative Fault Act does not require that a jury allocate some fault to every actor who proximately caused the plaintiff’s injury, but permits the allocation of any percentage or no percentage of fault to a party or nonparty who caused or contributed to cause the injury.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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