Property mortgagor and property managers owed no duty to a girl who drowned in the pool of an abandoned house.
Civil
Plank v. Community Hospitals of Ind., Inc., No. 49S04-1203-CT-135,___ N.E.2d ___ (Ind., Jan. 15, 2013).
Plaintiff forfeited his opportunity to conduct an evidentiary hearing challenging the constitutionality of the Medical Malpractice Act when he asked for the hearing 6 years into the case, post-verdict.
Orndorff v. Ind. Bureau of Motor Vehicles, No. 53A04-1206-PL-299, __ N.E.2d __ (Ind. Ct. App., Dec. 26, 2012).
Under the circumstances of this case, a preliminary injunction based on laches should be issued against BMV imposition of Habitual Traffic Violator suspension eight years after HTV status arose.
Pistalo v. Progressive Casualty Ins. Co., No. 45A04-1204-PL-214, __ N.E.2d __ (Ind. Ct. App., Dec, 27, 2012).
Plaintiff who recovered policy limit from deceased’s auto insurance company and then received an assignment from deceased’s estate of all its rights against insurer thereby had an independent action against the insurer for bad faith failure to settle plaintiff’s claim and could recover prejudgment interest and fees from insurer; reverses summary judgment for insurer on bad faith claim.
Banks v. Banks, No. 45A03-1203-DR-96,___ N.E.2d ___ (Ind. Ct. App., Dec. 14, 2012).
Trial court did not abuse its discretion in modifying and reducing spousal maintenance obligation based on changes in the parties’ respective finances, even when there was no improvement in the medical condition of the party receiving maintenance.