Attorney fees and expenses incurred by the personal representative’s attorney are not recoverable damages under the Adult Wrongful Death Statute.
Civil
Adoption of A.M., 53A05-1002-AD-71, ___ N.E.2d ___ (Ind. Ct. App., July 21, 2010)
Trial court erred in denying Grandfather’s adoption petition, because preventing the adoption without divesting Mother’s parental rights would cause an absurd result not intended by the General Assembly.
Indiana Dept. of Ins. v. Everhart, No. 84A01-0912-CV-614, ___ N.E.2d ___ (Ind. Ct. App., July 21, 2010)
Trial court erred by awarding full damages rather than damages in proportion to the increased risk of harm resulting from medical malpractice.
Fidelity Nat'l Title Ins. Co. v. Mussman, No. 64A03-0905-CV-204, ___ N.E.2d ___ (Ind. Ct. App., July 14, 2010)
Title Company was Title Insurance Company’s agent for title insurance purposes, but not for closing and escrow purposes.
City of Greenwood v. Town of Bargersville, No. 41A05-0912-CV-684, ___ N.E.2d ___ (Ind. Ct. App., July 15, 2010)
(1) City had standing to bring declaratory judgment action regarding the validity of Town’s annexation of territory within three miles of City; (2) landowners’ agreements that waived their “rights to object, remonstrate or appeal against [the] annexation,” did not constitute consent to the annexation.