Inmates had no private right of action to pursue wage claims against a privately owned company where they worked while inmates in the Indiana Department of Correction.
Civil
McKeen v. Turner, No. 53A05-1511-CT-2047, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2016).
“[A] plaintiff may raise any theories of alleged malpractice during litigation following the [Medical Review Panel] process if (1) the proposed complaint encompasses the theories, and (2) the evidence related to those theories was before the [Medical Review Panel].”
Sedam v. 2Jr Pizza Enterprises, No. 39A05-1602-CT-296, __ N.E.3d __ (Ind. Ct. App., Sept. 27, 2016).
An employer’s admission that its employee committed the alleged negligent act within the course and scope of her employment does not preclude an action for negligent hiring, training, supervision, and retention.
Meridian Health Services v. Bell, No. 71A04-1511-DR-2005, __ N.E.3d __ (Ind. Ct. App., Sept. 14, 2016).
Health care provider was required to release a child’s mental health care records to the child’s father; trial court properly held the health care provider in contempt for not providing the records to father.
White v. Canal Ins. Co., No. 71A03-1602-CT-270, __ N.E.3d __ (Ind. Ct. App., Sept. 8, 2016).
As a matter of law, service on out-of-state defendant at the home address provided to the police at the time of the time of the accident and service on the defendant company through the Indiana Secretary of State was consistent with due process and reasonably calculated to inform the defendants that an action had been instituted against them.