Juror’s silence during voir dire when taken with her subsequent statement to the trial court regarding possible bias required the trial court to conduct a hearing out of the presence of the remainder of the jury to determine whether the juror’s silence indicated bias or lack of disinterest, and whether the hearing itself created a bias in the juror.
Civil
Green v. Ford Motor Co., No. 94S00-1007-CQ-348, ___ N.E.2d ___ (Ind., Feb. 8, 2011)
In a crashworthiness case alleging enhanced injuries under the Indiana Products Liability Act, the finder of fact shall apportion fault to the person suffering physical harm when that alleged fault is a responsible cause of the harm for which damages are being sought.
Kolozsvari v. Doe, No. 32A04-1008-CT-525, __ N.E.2d __ (Ind. Ct. App., Feb. 10, 2011)
Pharmacists have a duty to warn of the side effects of prescribed medications or to refuse to fill the prescription when a pharmacist has information that gives rise to a duty to exercise professional judgment.
Beneficial Indiana, Inc. v. Joy Properties, LLC, No. 02A05-1005-PL-260, ___ N.E.2d ___ (Ind. Ct. App., Feb. 10, 2011)
A claimant other than one identified Ind. Code 6-1.1-24-7 may pursue disbursement of a tax sale surplus in the trial court, and that equity requires that the claimant with the more substantial interest in the real estate should be granted disbursement of the tax sale surplus.
Dan Cristiani Excavating Co. Inc. v. Money, No. 10A05-1002-CT-114, __ N.E. 2d __ (Ind. Ct. App., Jan. 26, 2010)
A series of adverse rulings against one party is not a pattern indicating bias without a demonstration of actual personal bias of the trial judge.