Trial court did not abuse its discretion in fashioning a remedy that required the cemetery to provide plaintiff with a different gravesite rather than ordering the cemetery to have the individual buried in the gravesite she had previously purchased reinterred elsewhere so as to restore the gravesite for her use.
Civil
Ind. Bureau of Motor Vehicles v. Douglass, No. 19A-MI-216, __ N.E.3d __ (Ind. Ct. App., Oct. 23, 2019).
BMV had the right to pursue a suspension of defendant’s driving privileges in Indiana even though he was a no longer a resident of Indiana.
Weikart v. Whitko Comm. School Corp., No. 19A-CT-1224, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2019).
Trial court properly dismissed case for failure to state a claim; police officer did not have a special duty to plaintiff to protect her activities from public disclosure.
Henry v. Community Healthcare System Community Hospital, No. 19A-CT-1256, __ N.E.3d __ (Ind. Ct. App., Oct. 8, 2019).
Medical providers owe a common law duty of confidentiality to their patients, so a breach of that duty is possible.
Zelman v. Capital One Bank (USA), N.A., No. 19A-CC-989, __ N.E.3d __ (Ind. Ct. App., Oct. 8, 2019).
Affidavit of Debt did not lay a proper foundation to authenticate the Customer Agreement or credit card statements as business records admissible under Evidence Rule 803(6)’s hearsay exception; bank failed to designate admissible evidence establishing that defendant had opened a credit card account with the bank and that defendant owed the bank the amount alleged in the compliant.