Deliberating jury should have been provided with a computer or some other method to view CD exhibits containing high-resolution digital images of plaintiff’s pre-surgery retina; failure of court to provide a viewing method or to give tendered instruction that jury could ask to view the CD images in open court was reversible error.
Civil
Blanford v. Blanford, No. 65A01-1004-DR-181, __ N.E.2d __ (Ind. Ct. App., Nov. 10, 2010)
Use of separate child support worksheets, one for each child, to adjust for the different number of overnights each child would have with the noncustodial parent, erroneously inflated the parent’s support obligation under the Guidelines.
Allstate Ins. Co. v. Clancy, No. 45A03-0910-CV-498, __ N.E.2d __ (Ind. Ct. App., Oct. 26, 2010)
Insurance company’s affirmative defense that coverage for husband’s emotional distress claim was “fairly debatable” was not an advice of counsel defense and hence did not waive attorney-client privilege for communications with Allstate’s counsel.
LaPorte Community School Corp. v. Rosales, No. 46A04-1001-CT-4, __ N.E.2d ___ (Ind. Ct. App., Oct. 27, 2010)
Negligence instruction on factual propositions plaintiff had to prove reversibly suggested defendant could be negligent without breaching duty of reasonable care, notwithstanding another instruction on the reasonable care element.
Hizer v. Holt, No. 71A03-1002-PL-127, __ N.E.2d __ (Ind. Ct. App., Oct. 27, 2010)
Home seller may be held liable for fraudulent misrepresentations made on the IC 32-21-5-7 Sales Disclosure Form if the buyer can prove the seller’s actual knowledge of the defect at the time the form is completed.