“[W]hile a revocable trust is revocable, the trustee only owes a duty to the settlor.”
Civil
F.D. v. Ind. Dept. of Child Services, No. 82S01-1301-CT-19, __ N.E.2d __ (Ind., Nov. 26, 2013).
Department of Child Services is not immune under the Indiana Tort Claims Act or the child abuse reporting statute.
Roop v. Buchanan, No. 88A01-1304-DR-171, __ N.E.2d __ (Ind. Ct. App., Nov. 27, 2013).
Trial court properly ordered party to pay accrued child support obligation to the now emancipated child for satisfaction of funeral expenses for the deceased father, but the trial court could not award the remainder of the child support arrearage to the emancipated children.
Ind. Patient’s Compensation Fund v. Holcomb, No. 49A05-1207-CC-340, __ N.E.2d __ (Ind. Ct. App., Nov. 27, 2013).
Ind. Code § 34-18-18-1’s limitation that plaintiff’s attorney’s fees from any award made from the patient’s compensation fund may not exceed fifteen percent (15%) of any recovery from the fund does not apply to the assessment of damages caused by the tortfeasor or the calculation of excess damages of any type from the fund.
Zavodnik v. Rinaldi, No. 49S05-1311-CT-759, __ N.E.2d __ (Ind., Nov. 18, 2013).
Reverses dismissal of case for lack of service when plaintiff served defendant in Italy using forms in both Italian and English.