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Case Clips

Published by the Indiana Office of Court Services

Civil

Johnson, et al v. Sullivan et al, No. 82A05-1102-MI-108, ___ N.E.2d ____ (Ind. Ct. App. July 27, 2011).

July 29, 2011 Filed Under: Civil Tagged With: Appeals, C. Bradford, J. Baker

“[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).

July 22, 2011 Filed Under: Civil Tagged With: Appeals, M. Barnes

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)

July 1, 2011 Filed Under: Civil Tagged With: B. Dickson, Supreme

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.

Mccabe V. Comm’r Ind. Dept of Ins., No. 49S02-1010-CV-602, __ N.E.2d __ (Ind., June 29, 2011)

July 1, 2011 Filed Under: Civil Tagged With: B. Dickson, Supreme

Attorney fees can be recovered under the Indiana Adult Wrongful Death Statute (“AWDS”), Ind. Code § 34-23-1-2.

Hematology-Oncology of Ind., P.C. V. Fruits, No. 49S05-1106-CV-387, __ N.E.2d __ (Ind., June 29, 2011)

July 1, 2011 Filed Under: Civil Tagged With: B. Dickson, Supreme

Litigation expenses can be recovered under the Indiana Adult Wrongful Death Statute (“AWDS”), Ind. Code § 34-23-1-2.

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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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