Indiana’s version of the Uniform Commercial Code has displaced any cause of action that the companies may have against depository bank for depositing fraudulent checks; case was properly dismissed under T.R. 12(B)(6).
Civil
ONB Ins. Group, Inc. v. Estate of Mengel, No. 40A01-1707-CT-1513, __ N.E.3d __ (Ind. Ct. App., July 25, 2018).
This case uses the Goodwin/Rogers analysis for a negligence case that does not involve premise liability with third-party acts. When the broad type of plaintiffs are motorists, the defendants are an insurance agency and its agent, and the type of harm as a multi-vehicle collision caused by faulty brakes on a large tractor-trailer, defendants owe no common law duty to plaintiffs
In re Guardianship of Robbins, No. 18A-GU-242, __ N.E.3d __ (Ind. Ct. App., July 26, 2018).
Trial court exceeded the bounds of its authority by refusing to allow an entire settlement to be placed in a special needs trust.
Liddle v. Clark, No. 49A04-1707-MI-1662, __ N.E.3d __ (Ind. Ct. App., July 23, 2018).
Damages for loss of a pet are limited to fair market value; sentimental value cannot be included in the calculation.
Estate of Lewis v. Toliver, No. 41A01-1712-EU-2893, __ N.E.3d __ (Ind. Ct. App., July 13, 2018).
The trial court has inherent power to reconsider its appointment of a special administrator.