Trial court did not abuse its discretion by excluding proposed evidence of the lack of a recording of an incident at a jail (and the corresponding negative inference therefrom), because the proponent of the evidence failed to comply with the court’s discovery and pretrial orders.
Civil
Butler v. Indiana Dep't of Ins., No. 49S05-0805-CV-216, ___ N.E.2d ___ (Ind., Apr. 7, 2009)
Under Ind. Code § 34-23-1-2 (1999) on the wrongful death of unmarried adults with no dependents, if medical providers issue statements of charges for health care services but thereafter accept a reduced amount in full satisfaction of the charges due to contractual arrangements with the patient’s health insurers, Medicare, or Medicaid, the amount recoverable for reasonable medical and hospital expenses necessitated by the alleged wrongful conduct is the total amount ultimately accepted after such contractual adjustments, not the total of charges billed.
In re Adoption of Infants H, No. 29S02-0904-CV-140, ___ N.E.2d ___ (Ind., Apr. 8, 2009)
Supreme Court reversed trial court’s final adoption order, because it was improper to waive various legislative safeguards designed to protect infants who are proposed for adoption, including the Interstate Compact on the Placement of Children.
Estate of Mintz v. Connecticut General Life Ins. Co., No. 49S05-0805-CV-214, ___ N.E.2d ___ (Ind., Mar. 25, 2009)
Proximate cause, comparative fault allocation, and whether (and to what extent) defendant acted as a “reasonably prudent person” are questions of fact for the fact-finder to resolve.
In re Paternity of K.I., No. 13S05-0805-JV-213, ___ N.E.2d ___ (Ind., Mar. 25. 2009)
Whether a grandparent is entitled to visitation when custody is modified from that grandparent to a natural parent is determined by the grandparent visitation statute, not the de facto custodian statute.