“[W]hen a claimant seeks excess damages from the Patient’s Compensation Fund after obtaining a judgment or settlement from a health care provider in a medical malpractice case, the Fund may introduce evidence of the claimant’s preexisting risk of harm if it is relevant to establish the amount of damages, even if it is also relevant to liability issues that are foreclosed by the judgment or settlement.”
Civil
Becker v. Becker, No. 49S04-0903-CV-113, __ N.E.2d __ (Ind., Mar. 12, 2009)
Clark and Lambert holdings on incarceration’s effect on child support apply only to petitions to modify granted after Lambert was decided, and a modification based on incarceration can relate back no further than the date of the petition to modify.
Barkwill v. Cornelia H. Barkwill Revocable Trust, No. 64A04-0808-CV-455, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2009)
“[A]n automatic presumption that any adult child who assists an aging parent is presumed to be in a dominant role and exert undue influence over that parent’s decisions is ill-advised.”
Sibbing v. Cave, No. 49A02-0802-CV-165, ___ N.E.2d ___ (Ind. Ct. App., Mar. 5, 2009)
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.
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.