A court cannot change legal custody of a child when a parent files a notice of intent to relocate, unless a parent specifically requests a change of custody.
Civil
State v. Neff, No. 18S-IF-00478, __ N.E.3d __ (Ind., Feb. 27, 2019).
A public official may be removed from office for only a general failure to carry out his or her required duties.
Martin v. Ramos, No. 18A-SC-1648, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2019).
Expert medical testimony is still necessary in small claims proceedings, unless a layperson can readily understand the causation.
Rose v. Martin’s Super Markets LLC, No. 18A-CT-1654, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2019).
Grocery store had no duty to customer prior to shooting, because it was not reasonably foreseeable for a grocery store to expect death by gunfire to befall a customer. Because the grocery store did not have knowledge of customer’s injury in time to offer her assistance, the store also had no duty to protect her from exacerbation of her injuries.
Ind. Farmers Mut. Ins. Co. v. Weaver, No. 18A-CT-2043, __ N.E.3d __ (Ind. Ct. App., March 1, 2019).
The term “using” is ambiguous in an auto insurance policy, because its meaning is susceptible to differing interpretations by reasonable persons; “using” is not synonymous with “operating.”