The Court of Appeals urges all trial courts to “carefully consider the possible impact of SSR benefits when determining whether to provide a credit to a non-custodial parent for his or her child support obligation.”
Civil
Perkins v. Fillio, No. 18A-PL-2278, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2019).
For a premises liability claim regarding a headbutting ram, trial court erred in granting summary judgment because it is a genuine issue of material fact as to whether rams are dangerous as a class of animals and, if so, a genuine issue as to whether Defendant took reasonable measures to prevent the ram from causing harm to invitees.
Horejs v. Milford, No. 19S-CT-97, __ N.E.3d __ (Ind., Feb. 21, 2019).
Husband’s claim for survivor damages did not abate upon his death and was not dependent on the existence of an heir.
Nicholson v. Lee, No.18A-CR-1371, __ N.E.3d __ (Ind. Ct. App., Feb. 14, 2019).
Gun owner was shielded from liability for failing to safely store and keep gun when the gun is procured by a crime and then later used to commit another crime.
In re Ma.H, No. 18A-JT-1296, __ N.E.3d __ (Ind. Ct. App., Feb. 18, 2019).
The requirement that Father admit molesting child to complete sex offender treatment violates Father’s Fifth Amendment right against self-incrimination; the trial court’s reliance on his refusal to so admit as proof that his parental rights should be terminated violates his Fourteenth Amendment right to due process.