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.
Civil
Linares v. El Tacarajo, No. 18A-CT-276, __ N.E.3d __ (Ind. Ct. App., Feb. 8, 2019).
Using the Goodwin foreseeability analysis, an automobile salvage business did not have a duty to a patron of a mobile food truck serving food in its parking lot that exploded and caused injury to the patron.
In re D.H, No. 18A-JT-1861, __ N.E.3d __ (Ind. Ct. App., Feb. 1, 2019).
The trial court’s termination of parental rights order must be reversed due to the State’s failure to give Mother the due process imparted to her by Ind. Code 31-35-2-4.5(d) (the right to have DCS move to dismiss a termination petition when it has not provided her with services that were substantial and material in relation to the reunification plan).
Campbell v. Campbell, 18A-DR-361, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2019).
Trial court properly denied spousal maintenance because it determined that spouse that receives SSD benefits is not incapacitated to the extent that her ability to support herself is materially affected.
Crawfordsville Town & Country Home Center, Inc. v. Cordova, No. 18A-CT-314, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2019).
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.