A complaint challenging reasonableness of the fees the defendant hospital charged the plaintiffs states a claim for breach of contract because no price was specified in the contracts; plaintiffs only agreed to pay a reasonable charge for defendant hospital’s services, and if the fees charged are unreasonable this would constitute a breach of contract.
Civil
Anderson v. Anderson, No. 47A01-1104-DR-159, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).
Indiana Child Support Guideline 3 allows periodic Social Security Disability payments to be applied against a support arrearage that accumulated before the filing of a petition to modify support.
Douglas v. State, No. 40A01-1009-DR-466, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).
Incarceration for nonsupport of a dependent child can amount to a change in circumstances so substantial and continuing as to make the terms of an existing child support order unreasonable.
Tesfamariam v. Woldenhaimanot, No. 49A02-1009-DR-105, ___ N.E.2d ___ (Ind. Ct. App., Oct. 4, 2011).
Regarding the use of an interpreter, to address due process concerns in a civil action the court must administer an oath to the interpreter and establish that the interpreter is qualified just as it would in a criminal action.
Putnam Co. Sheriff v. Price, No. 49A02-1009-DR-105, ___ N.E.2d ___ (Ind., Oct. 6, 2011).
County Sheriff Department “that neither owns, maintains, nor controls a county road” does not have a common law duty to warn the public of known hazardous conditions of that road.