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.
Civil
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.
Denson v. Estate of Dillard, No. 18A-CT-1112, __ N.E.3d __ (Ind. Ct. App., Dec. 18, 2018).
Summary judgment was properly granted in a negligence action. Because the Defendant’s sudden physical incapacity was not reasonably foreseeable, Defendant successfully negated the element of breach of duty.
Bock v. Bock, No. 18A-DR-38, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2018).
Pension survivor benefit was properly included as a marital asset for division.