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Case Clips

Published by the Indiana Office of Court Services

Civil

Brewer v. PACCAR, Inc., No. 55A05-1709-CT-2168,__ N.E.3d __ (Ind. Ct. App., June 15, 2018).

June 18, 2018 Filed Under: Civil Tagged With: Appeals, M. Barnes

If a party files a motion to correct error, it should either wait for a ruling on the motion before initiating the process of an appeal, or it should dismiss the motion to correct error.

Manis v. McNabb, No. 18A-GU-96,__ N.E.3d __ (Ind. Ct. App., June 11, 2018).

June 11, 2018 Filed Under: Civil Tagged With: Appeals, J. Baker

The trial court has the authority to determine and order parenting time for a parent whose child is placed with a guardian.

Kirchgessner v. Kirchgessner, No10A01-1710-CP-2309,__ N.E.3d __ (Ind. Ct. App., May 29, 2018).

June 4, 2018 Filed Under: Civil Tagged With: Appeals, N. Vaidik

Trial court properly granted a T.R. 60(B)(7) motion within a reasonable time, even though it was over 25 years since the judgment was entered.

Certa v. Steak’n Shake Operations, Inc., No. 79A05-1708-CT-1873,__ N.E.3d __ (Ind. Ct. App., May 29, 2018).

June 4, 2018 Filed Under: Civil Tagged With: Appeals, B. Barteau

Using the Rogers/Goodwin analysis, restaurant had a duty to protect restaurant patron from injury caused by another patron when the restaurant knew that the patrons had engaged in a verbal altercation and was aware of the potential for escalation of the conflict.

Henderson v. Kleinman, No. 84A01-1710-CT-2566,__ N.E.3d __ (Ind. Ct. App., May 30, 2018).

June 4, 2018 Filed Under: Civil Tagged With: Appeals, E. Najam, P. Mathias

There is no statutory duty for a doctor to maintain adequate records; the trial court properly granted summary judgment in favor of doctor when “lack of documentation makes it impossible for the panel to decide whether the evidence supports or does not support a conclusion that the Defendant failed to comply with the appropriate standard of care in his treatment of the Plaintiff.”

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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