A lienholder is no longer subject to the Park Owner’s Lien Statute (Ind. Code § 16-41-27-29) once it releases its lien on a mobile home.
Civil
Weinberg v. Boyer, No. 45A03-1011-CT-598, ___ N.E.2d ___ (Ind. Ct. App., Oct. 19, 2011).
In a medical malpractice suit, patient abandonment is part of the underlying medical malpractice and should be evaluated in light of the medical malpractice suit’s standard of care.
Citimortgage, Inc. v. Barabas, No. 48A04-1004-CC-232, ___ N.E.2d ___ (Ind. Ct. App., Oct. 20, 2011).
The correct interpretation of Ind. Code § 32-29-8-3 is that the one-year redemption period begins after the sale of the property.
Johnson v. Jacobs, No. 47A01-1102-CT-35, ___ N.E.2d ___ (Ind. Ct. App., Oct. 20, 2011).
Father’s intentional criminal actions of killing his daughter and himself trigger the intervening, superseding cause doctrine, and broke the causal chain between the defendant’s alleged negligence and the daughter’s death; none of the actions or inaction of any of the defendants could be considered a proximate cause of the daughter’s death as a matter of law.
Allen v. Clarian Health Partners, Inc., No. 49A02-1011-CT-117, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).
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.