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Case Clips

Published by the Indiana Office of Court Services

Civil

Sibbing v. Cave, No. 49A02-0802-CV-165, ___ N.E.2d ___ (Ind. Ct. App., Mar. 5, 2009)

March 6, 2009 Filed Under: Civil Tagged With: Appeals, J. Baker, P. Mathias

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)

February 27, 2009 Filed Under: Civil Tagged With: Appeals, M. Barnes

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)

February 27, 2009 Filed Under: Civil Tagged With: Appeals, M. Bailey

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)

February 20, 2009 Filed Under: Civil Tagged With: Appeals, E. Najam

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)

February 13, 2009 Filed Under: Civil Tagged With: Appeals, E. Brown, J. Baker

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.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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