Judge Baker dissents the denial of petition for rehearing; knowledge of a party’s immigration status alone sheds no meaningful light on the question of whether that party will one day face deportation.
Civil
State v. Marion Superior Court, No. No. 49S00-1605-OR-294, __ N.E.3d __ (Ind., July 5, 2016).
Supreme Court granted the original action seeking to compel change of judge on remand.
Green v. Robertson, No. 49A02-1509-MI-1487__ N.E.3d __ (Ind. Ct. App., July 5, 2016).
“Where recovery is limited to damages for increased risk of harm because the patient stood less than a 50% chance of recovery prior to encountering the physician’s negligence, the trial court may consider evidence of the patient’s underlying risk in order to determine the appropriate amount of damages.”
Staggs v. Buxbaum, No. 47A04-1510-PL-1758, __ N.E.3d __ (Ind. Ct. App., June 28, 2016).
Crime Victim Relief Act (CVRA) damages are distinct from common law punitive damages; court properly awarded CVRA damages after making an “assessment of criminality.”
Anonymous M.D. v Lockridge, No. 39A01-1509-CT-1498, __ N.E.3d __ (Ind. Ct. App., June 29, 2016).
Derivative medical malpractice claim of decedent’s children was not time-barred because the children were under the age of six at the time of the alleged negligence and under the age of eight at the time of the filing of the complaint.