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.
Civil
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.
Wilson v. Isaacs, No. 09S05-1003-CV-149, ___ N.E.2d ___ (Ind., June 28, 2010)
A law enforcement officer’s use of force in excess of the reasonable force authorized by statute is not shielded from liability under the “enforcement of a law” immunity provided in Indiana Code § 34-13-3-3(8).