Only parents, grandparents and step-parents have standing to pursue visitation with a child.
Civil
Branham v. Varble & Chastain, No. 62S01-1103-SC-14, ___ N.E.2d ___ (Ind., Aug. 30, 2011)
Self-represented parties in small claims court do not forfeit the generic exemption statute and the Social Security exemptions even if the litigants do not know enough to plead them; even if an information of contempt has not been filed, a court does not err when it orders a party to return for status checks a limited number of times; orders to seek employment or to seek better employment are not a proper part of a proceeding supplemental.
Howard Regional Health System v. Gordon, No. 34S02-1009-CV-476, __ N.E.2d __ (Ind., Aug. 10, 2011).
Claim against hospital for loss of childbirth records was one for medical malpractice. Health records maintenance statutes do not confer a private right of action for loss of records. Parents have no independent action for spoliation against the hospital.
Flores v. Gutierrez, No. 45A04-1101-CT-28, __ N.E.2d __ (Ind. Ct. App., Aug. 10, 2011).
Jury’s zero-damage award in negligence case was consistent with the evidence.
Kornelik v. Mittal Steel USA, Inc., et al., No. 45A03-1011-CT-58, ___ N.E.2d ___ (Ind. Ct. App., Aug. 10, 2011).
An injured employee who settles with a third party for substantially less than the damages value of his claim without the consent of his employer or his worker’s compensation carrier can subsequently reduce his lien arising under the Indiana Worker’s Compensation Act by attorney fees and pro rata costs pursuant to Indiana Code section 22-3-2-13; however, the injured employee cannot reduce the lien in the same proportion that his full recovery was reduced pursuant to Ind. Code 34-51-2-19.