A hospital can be held vicariously liable for the negligence of a non-hospital facility.
Civil
Lake Imaging, LLC v. Franciscan Alliance, Inc, No. 20A-CT-1490, __ N.E.3d __ (Ind. Ct. App., May 4, 2021).
Indemnity claims brought by one health care provider against another are subject to the Indiana Medical Malpractice Act.
Nat’l Collegiate Athletic Assoc. v. Finnerty, No. 20A-CT-1069, __ N.E.3d __ (Ind. Ct. App., May 4, 2021).
Motion to certify interlocutory appeal was deemed denied when the trial court did not rule on it within thirty days of filing; the trial court could not revive the motion by belatedly granting it. Repetitive motion was a motion to reconsider and also was untimely.
Lake Co. Bd. Of Commissioners v. State, No. 20A-MI-1527, __ N.E.3d __ (Ind. Ct. App., April 30, 2021).
County is responsible for paying the costs of its probation officers’ legal defense that are incurred in the performance of the officers’ duties.
Logansport/Cass Co. Airport Authority v. Kochenower, No. 20A-PL-2143, __ N.E.3d __ (Ind. Ct. App., May 3, 2021).
To successfully allege a meritorious claim or defense pursuant to Trial Rule 60(B), a party seeking relief from a default judgment must state a factual basis for his purported meritorious claim or defense, but this initial showing is not governed by the Rules of Evidence.