Equipment rental company had no duty to provide bilingual warnings for an aerial lift when warnings were given by the manufacturer and were clearly visible.
Civil
Fields v. Safway Group Holdings, LLC, No. 18A-CT-314, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2019).
Trial court properly granted TR 60(B)(8) motion because equitable considerations can constitute the exceptional circumstances required to grant the motion.
Ind. Family & Social Svcs. Admin. v. Patterson, No. 18A-PL-925, __ N.E.3d __ (Ind. Ct. App., Jan. 17, 2019).
Ind. Family & Social Svcs. Administration properly determined that the garnished portion of Medicaid recipient’s income should be included when determining his portion of the cost of his care.
Buddy & Pals III, Inc. v. Falaschetti, No. 18A-CT-1811, __ N.E.3d __ (Ind. Ct. App., Jan. 18, 2019).
Summary judgment was properly denied because the court found that the bar failed to establish as a matter of law that it did not owe patron a duty to protect him from another patron’s criminal act.
Moriarity v. Ind. Dept. of Natural Resources, No. 18S-PL-00296, __ N.E.3d __ (Ind., Jan. 3, 2019).
Dept. of Natural Resources had jurisdiction over dam on private property based on its location in, on, or along a stream of Indiana.