Grandmother, alleged de facto guardian of her grandson, could not bring an action on behalf of her grandson under the Child Wrongful Death Statute because she was not his legal guardian.
Civil
A.A. v. Eskenazi Health/Midtown CMHC, No. 49S02-1711-MH-688, __ N.E.3d __ (Ind., May 17, 2018).
An attorney may not waive the right to appear on behalf of a client for a mentally competent civil commitment. A trial court must waive a respondent’s presence at a commitment hearing at the beginning of the proceeding.
Yates v. Hites, No. 44A03-1710-CT-2459, __ N.E.3d __ (Ind. Ct. App., May 18, 2018).
The trial court abused its discretion when it gave the sudden emergency jury instruction with no evidence to support it. Because the sudden emergency instruction was given and emphasized in closing argument, a new trial is warranted.
Gresk v. Demetris, No. 49S02-1711-MI-686, __ N.E.3d __ (Ind., May 10, 2018).
Indiana’s anti-Strategic Lawsuits Against Public Participation (SLAPP) statute protects a person’s actions “in furtherance of” his or her right of petition or free speech and “in connection with a public issue”; the statute is inapplicable to a doctor that reported suspected child abuse.
Cosgray v. French Lick Resort & Casino, No. 59A01-1710-CT-2512 ,__ N.E.3d __ (Ind. Ct. App., May 9, 2018).
Hotel did not owe plaintiff a duty to protect her from a criminal attack by an unknown assailant on their premises.