Non-hospital medical entities that provide patients with health care may be held vicariously liable for the tortious conduct of an independent contractor through apparent or ostensible agency.
Civil
Wilson v. Anonymous Defendant 1, No. 21S-CT-371, __ N.E.3d __ (Ind., March 24, 2022).
A medical provider may be held liable for the acts of an apparent agent based on the provider’s manifestations of an agency relationship with the apparent agent, which causes a third party to rely on such a relationship.
Lake Imaging, LLC v. Franciscan Alliance, Inc., No. 21S-CT-478, __ N.E.3d __ (Ind., March 8, 2022).
The Medical Malpractice Act does not apply to a claim for indemnification by one medical provider against another.
Service Steel Warehouse Co. v. U.S. Steel Corp., No. 21S-CC-408, __ N.E.3d __ (Ind., March 10, 2022).
Under the mechanic’s lien statute, a supplier can have a lien by furnishing materials, regardless of the recipient, for the erection of a building.
Roetter v. Roetter, No. 21S-DC-568__ N.E.3d __ (Ind., March 10, 2022).
So long as a trial court expressly considers all marital property and it offers sufficient justification to rebut the presumptive equal division, a trial court need not follow a rigid, technical formula in dividing a marital estate.