County Sheriff Department “that neither owns, maintains, nor controls a county road” does not have a common law duty to warn the public of known hazardous conditions of that road.
Civil
Fratter v. Rice, No. 53A04-1101-CT-1, ___ N.E.2d ___ (Ind. Ct. App., Sept. 19, 2011).
The court properly gave the Indiana Model Civil Jury Instruction for responsible cause because it “closely tracks our Supreme Court’s definition of proximate cause” and although it does not contain the word “omission,” the term “conduct” includes both acts and omissions.
Avery v. Avery, No. No. 49S05-1102-PL-76, ___ N.E.2d ___ (Ind., Sept. 20, 2011).
“The Indiana Trial Rules apply to will contest actions, and the failure to file an answer or responsive pleading in accordance with Trial Rule 7 may result in a default judgment.”
Goldberg v. Farno, No. 41A01-1007-MF-348, ___ N.E.2d ___ (Ind. Ct. App., Sept. 26, 2011).
“Plain legal prejudice” is adopted as the standard for determining whether a non-settling defendant has standing to challenge a partial settlement to which it is not a party.
K.S. v. B.W., No. 22A05-1102-DR-79, ___ N.E.2d ___ (Ind. Ct. App., Sept. 28, 2011).
Ind. Code 31-9-2-35.5, defining a de facto custodian, applies only to custody proceedings after a paternity determination, actions for child custody or modification of custody, and temporary placement of a child in need of services taken into custody; it does not apply in the case of visitation rights of a boyfriend over an ex-girlfriend’s child.