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Case Clips

Published by the Indiana Office of Court Services

Civil

Tesfamariam v. Woldenhaimanot, No. 49A02-1009-DR-105, ___ N.E.2d ___ (Ind. Ct. App., Oct. 4, 2011).

October 6, 2011 Filed Under: Civil Tagged With: Appeals, P. Riley

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).

October 6, 2011 Filed Under: Civil Tagged With: R. Rucker, S. David, Supreme

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.

Fratter v. Rice, No. 53A04-1101-CT-1, ___ N.E.2d ___ (Ind. Ct. App., Sept. 19, 2011).

September 29, 2011 Filed Under: Civil Tagged With: Appeals, J. Baker

The court properly gave the Indiana Model Civil Jury Instruction for responsible cause because it “closely tracks our Supreme Court’s definition of proximate cause” and although it does not contain the word “omission,” the term “conduct” includes both acts and omissions.

Avery v. Avery, No. No. 49S05-1102-PL-76, ___ N.E.2d ___ (Ind., Sept. 20, 2011).

September 29, 2011 Filed Under: Civil Tagged With: B. Dickson, Supreme

“The Indiana Trial Rules apply to will contest actions, and the failure to file an answer or responsive pleading in accordance with Trial Rule 7 may result in a default judgment.”

Goldberg v. Farno, No. 41A01-1007-MF-348, ___ N.E.2d ___ (Ind. Ct. App., Sept. 26, 2011).

September 29, 2011 Filed Under: Civil Tagged With: Appeals, T. Crone

“Plain legal prejudice” is adopted as the standard for determining whether a non-settling defendant has standing to challenge a partial settlement to which it is not a party.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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