In detaining an individual, “security guards ‘act[ed] according to’ Indiana Code Article 12-26, which governs the voluntary and involuntary treatment of mentally ill individuals, and ‘assist[ed] in the detention, care, and treatment of an individual alleged … to have a mental illness’ for purposes of Indiana Code Section 12-26-2-6(a)” and are entitled to immunity from the individual’s false imprisonment claim.
Civil
Jackson v. Holiness, No. 02A03-1103-RS-9, ___ N.E.2d ___ (Ind. Ct. App., Feb. 8, 2012).
Trial court did not err in dismissing mother’s petition to modify child support, because she is not a non-resident petitioner as required by Ind. Code 31-18-6-11 and so the trial court did not have subject matter jurisdiction.
Person v. Shipley, No. 20S03-1110-CT-609, ___ N.E.2d ___ (Ind., Jan. 31, 2012).
Trial court did not abuse its discretion by admitting expert testimony offered by a personal injury defendant in a rear-end collision case.
Bennett v. Richmond, No. 20S03-1105-CV-293, ___ N.E.2d ___ (Ind., Jan. 31, 2012).
Trial court did not abuse its discretion by admitting expert testimony offered by a personal injury defendant in a rear-end collision case.
Ind. Dept. of Ins. v. Everhart, No. 84S01-1105-CV-28, ___ N.E.2d ___ (Ind., Jan. 20, 2012).
The Indiana Patient’s Compensation Fund was not entitled to a reduction in the award of damages to account for the chance that the plaintiff would have died even in the absence of the physician’s negligence, because of how the trial court’s particular findings of fact interact with the rules for calculating a set-off.