Mortgage contract’s waiver of right of redemption was unenforceable, so that court’s having authorized foreclosure receiver to sell the property at a private sale without mortgagor’s consent erroneously deprived mortgagor of right of redemption.
Civil
Marshall v. Erie Insurance Exchange, No. 20A03-0908-CV-366, __ N.E.2d __ (Ind. Ct. App., Mar. 10, 2010)
Holds that an urban or residential landowner has a duty of reasonable care to prevent an unreasonable risk of harm to neighbors arising from the condition of trees on the landowner’s property.
H.S. v. K.M.C., No. 62A01-0910-CV-493, __ N.E.2d __ (Ind. Ct. App., Mar. 11, 2010)
When there had never been any custody determination made, the Uniform Child Custody Jurisdiction Act did not apply to mother’s Indiana petition to get child born out of wedlock back from father who had taken the child to another state.
Ault v. Brewer, No. 36A04-0907-CV-407, __ N.E.2d __ (Ind. Ct. App., Mar. 2, 2010)
Guardian’s closure of payable on death accounts to consolidate ward’s finances into a single account was not prohibited estate planning.
Sibbing v. Cave, No. 49S02-0906-CV-00275, __ N.E.2d __ (Ind., Mar. 4, 2010)
Evidence Rule 803(4)’s hearsay exception for statements made for purposes of medical diagnosis or treatment applies only to patients’ statements, not to statements of physicians concerning diagnosis or treatment. Holds that recovery of medical expenses requires that “the treatment claimed must be necessary in the sense that it proximately resulted from the wrongful conduct,” and also holds that the “scope of liability” component of proximate cause allows recovery for “necessary” medical treatment even when the result of misdiagnosis or negligent administration.