Trial court did not abuse its discretion in refusing to permit defendant’s expert’s testimony that challenged the specific course of treatment chosen by plaintiff’s medical care providers to treat the injuries caused by defendant’s negligence.
Civil
In re the Guardianship of R.M.M., No. 09A02-0808-CV-725, ___ N.E.2d ___ (Ind. Ct. App., Feb. 23, 2009)
Trial court erred in denying incarcerated father’s petition to modify child support; Lambert requires that the child support obligation be based on his current actual earnings and assets.
Smith v. Champion Trucking Co., No. 93A02-0808-EX-701, ___ N.E.2d ___ (Ind. Ct. App., Feb. 25, 2009)
Third party settlement did not bar worker’s compensation benefits where the settlement was obtained before a worker’s compensation award had been resolved, and was in an amount less than the anticipated worker’s compensation benefit.
Knoebel v. Clark County Superior Court No. 1, No. 22A01-0808-CV-384, __ N.E.2d __ (Ind. Ct. App., Feb. 17, 2009)
Probation officer demoted from chief probation officer status was not entitled to retain the salary increase for a chief probation officer.
Indianapolis Marion County Public Library v. Charlier Clark & Linnard P.C., No. 06A05-0804-CV-239, ___ N.E.2d ___ (Ind. Ct. App., Feb. 6, 2009)
Because plaintiff’s claims were for economic losses that arose from plaintiff’s complaint that it did not receive the benefit of its bargain, the damages claimed were not recoverable in tort and were best relegated to contract law.