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.
Civil
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.
In re B.B, No. 34A02-1303-JP-243, __ N.E.2d __ (Ind. Ct. App., Nov. 20, 2013).
Trial court properly admitted text messages into evidence.
Kitchell v. Franklin, No. 09S00-1307-PL-476, __ N.E.2d __ (Ind., Nov. 13, 2013).
Indiana’s Public-Private Agreements statute does not require a local legislative body to first adopt the statute before it may issue a request for proposals or begin contract negotiations as provided for under the statute.
Boyd v. WHTIV, Inc., No. 49A05-1303-PL-107, __ N.E.2d __ (Ind. Ct. App., Nov. 5, 2013).
The three-day extension of time provided by Trial Rule 6(E) applies to summary judgment proceedings.