When there are joint tortfeasors in a medical malpractice action, the trial court should not prematurely set off a settlement to the statutory limit without first determining the value of case.
Civil
In re Name Change of Doe, No. 19A-MI-2166, __ N.E.3d __ (Ind. Ct. App., May 18, 2020).
Petitioner is not required to be a United States citizen to obtain a statutory name change.
In re R.L.., No. 20S-JC-296, __ N.E.3d __ (Ind., May 5, 2020).
DCS was barred from filing a successive CHINS action after the first petition was dismissed with prejudice. DCS “cannot engage in piecemeal litigation to get subsequent bites at the same apple.”
Burdick v. Romano, No. 19A-CT-2739, __ N.E.3d __ (Ind. Ct. App, May 5, 2020).
In a case related to an injury caused by a horse in a horse arena, the trial court properly refused to give negligence instructions and properly gave instructions on inherent risks of equine activities and incurred risk.
Freeman v. Timberland Home Center, Inc., No. 19A-CC-1889, __ N.E.3d __ (Ind. Ct. App., April 29, 2020).
Preferred venue status of a county is determined when an action is commenced by the filing of a complaint; if the county where the complaint was filed is a preferred venue, transfer to another county based on venue is improper even if a third-party is later joined.