Because the statutes are “explicit that in order for a court to rescind a paternity affidavit, paternity testing must exclude the man as the biological father,” “[t]he parties’ words or agreement amongst the parties cannot supplant the statutory requirements.”
Civil
Perdue v. Greater Lafayette Health Services, Inc. d/b/a Home Hospital, No. 79A05-1011-CT-687, ___N.E.2d ___ (Ind. Ct. App., June 8, 2011)
Ind. Code 32-30-1-5, the statute of repose, does not apply in plaintiff’s negligence suit; plaintiff was not alleging deficiency in the design or construction to support her claim, but was alleging breach of the duty to protect invitees from a dangerous condition of the premises.
Price v. Kuchaes, No. 45A04-1007-CT-467, ___ N.E.2d___ (Ind. Ct. App., June 8, 2011)
Plaintiff was divested of standing to pursue his action while his bankruptcy was pending, but the bankruptcy’s dismissal before the trial court ruled on either party’s motion for summary judgment returned ownership of the action to him and plaintiff then had standing to pursue the action.
Robertson v. B.O., No. 49A04-1009-CT-528, ___ N.E.2d ___, (Ind. Ct. App., May 23, 2011)
The Indiana Patient’s Compensation Fund can introduce evidence concerning the existence and compensable nature of plaintiff’s damages after the plaintiff entered into a settlement with the healthcare provider settling the claim of medical malpractice.
French v. State Farm Fire & Cas. Co., No. 18A02-1005-PL-489, ___ N.E.2d ___ (Ind. Ct. App., May 26, 2011)
In a real estate insurance context, even if a homeowner conceals or fails to disclose the true value or nature of his home, failure to disclose true value will not give rise to a rescission claim; insurance companies are in a better position to accurately ascertain the value of a home than most homeowners and if they don’t ascertain the value of the home, they do so at their own peril.