When a claimant’s tort claim notice contains a specific and definitive assessment of loss, recovery is limited to the loss described in the original notice, and if additional losses are discovered after the notice has been submitted then the claimant should amend the original notice or submit another notice in a timely manner.
Civil
Sexton v. Sexton, No. 34A02-1111-DR-01059, ___ N.E.2d ___ (Ind. Ct. App., June 8, 2012).
Public Law 111-2012 will modify the presumptive age for termination of child support, but it will not alter a child’s ability to obtain educational support except for amending the time frame in which certain children may seek educational support.
Horner v. Carter, No. 34A02-1111-DR-1029, ___ N.E.2d ___ (Ind. Ct. App., June 13, 2012).
“Alternative Dispute Resolution Rule 2.11 and Indiana Evidence Rule 408 allow the introduction of mediation communications to establish traditional contract defenses.”
Termination of Parent-Child Rel. of D.K., No. 22A01-1110-JT-485, ___ N.E.2d ___ (Ind. Ct. App., May 30, 2012).
“Evidence Rule 201(b) now allows trial courts to take judicial notice of records of other court proceedings, but if a court does so, there must be some effort made to include such ‘other’ records in the record of the current proceeding.”
Martinez v. Deeter, No. 32A01-1108-DR-359, ___ N.E.2d ___ (Ind. Ct. App., May 31, 2012).
Survivor benefits paid to children due to the death of a custodial parent’s subsequent spouse are not included in the custodial parent’s weekly gross income.