“[I]f a plaintiff makes the necessary factual showing, the Fraudulent Concealment Statute may apply to toll the Wrongful Death Act’s two-year filing period.”
Civil
Nicklas v. Von Tobel Corp., No. 64A03-1310-CC-429, __ N.E.3d __ (Ind. Ct. App., June 4, 2014).
“[A]n agreed judgment against one obligor does not merge and extinguish the obligation of another person jointly and severally liable on the same contract.”
M.B. v. J.C., No. 54A01-1309-JP-398, __ N.E.3d __ (Ind. Ct. App., May 22, 2014).
An adoption action was filed in another county after a paternity action had commenced; by statute, “[b]ecause the petition for adoption and the paternity action were pending at the same time, the court in which the petition for adoption had been filed had exclusive jurisdiction over the custody of [the child].”
David v. Kleckner, No. 49S02-1405-MI-355, __ N.E.3d __ (Ind., May 28, 2014).
“[I]n determining whether a medical malpractice claim has been commenced within the medical malpractice statute of limitations, the discovery or trigger date is the point when a claimant either knows of the malpractice and resulting injury, or learns of facts that, in the exercise of reasonable diligence, should lead to the discovery of the malpractice and the resulting injury.”
In re A.S., No. 10S01-1402-MH-113m __ N.E.3d __ (Ind., May 13, 2014).
Trial court lacked authority for its contempt finding against the person who filled out the application for emergency detention for another person.