Mother could add child’s guardian as a defendant under the Child Wrongful Death Statute, but both father and guardian were required to assert a claim within 2-years to be entitled to an apportionment of damages.
Civil
Davis-Brumley v. Fair Oaks Farms, LLC, No. 23A-CT-1610, __ N.E.3d __ (Ind. Ct. App., Feb. 29, 2024).
Wrongful death action was not timely filed when plaintiff petitioned to be appointed as special administratrix of the estate within the two-year filing period of the Wrongful Death Act, but the petition was not granted until after that period elapsed.
Marroquin v. Reagle, No. 23A-MI-2545, __ N.E.3d __ (Ind. Ct. App., Feb. 23, 2024).
When defendant was convicted of a crime in Indiana that does not require sex offender registration and then moves to a state that did require sex offender registration, the defendant is not required to register when moving back to Indiana.
Starr Indemnity & Liability Co. v. NIBCO, Inc., No. 23A-PL-1343, __ N.E.3d __ (Ind. Ct. App., Feb. 26, 2024).
When relief was not available under T.R. 60(B), the trial court could not reinstate the case because it failed to have a T.R. 41(E) hearing before the dismissal.
WEOC, Inc. v. Niebauer, No. 23S-CT-184, __ N.E.3d __ (Ind., Feb. 12, 2024).
The Dram Shop Act modified common-law liability against entities that furnish alcohol, but did not eliminate it.