The Pfenning standard is applicable in the case of a mother hit in the knee by a youth baseball team member warming up, and to apply the Pfenning standard the Court must examine the actions of the alleged tortfeasor to determine if “the conduct of [the] participant” is within the “range of ordinary behavior of participants in the sport.”
Civil
Lechien v. Wren, No. 48A02-1007-DR-882, ___ N.E.2d ___ (Ind. Ct. App., July 26, 2011).
“[R]epudiation is not a release of a parent’s financial responsibility for the payment of child support and is not an acceptable justification to abate support payments for a child less than twenty-one years of age.”
Johnson, et al v. Sullivan et al, No. 82A05-1102-MI-108, ___ N.E.2d ____ (Ind. Ct. App. July 27, 2011).
“[E]vidence of mailing on a particular date, even if it contradicts a postmark, is competent to prove filing on that date for purposes of the Medical Malpractice Act.”
Estate of Wilgus S. Gibbs, Sr., No. 81A01-1011-ES-560, ___ N.E.2d ___ (Ind. Ct. App., July 15, 2011).
A self-proving clause in a will creates a rebuttable presumption that the document was properly executed, and publication of the will is one aspect of that execution.
Ind. Patient’s Comp. Fund V. Brown, No. 49S02-1106-CT-388, __ N.E.2d __ (Ind., June 29, 2011)
Under the Indiana Adult Wrongful Death Statute (“AWDS”), Ind. Code § 34-23-1-2, judgment can include expenses of administration, contingent attorney fees, and loss of services.