The wrongful death statute precludes the statutory beneficiary who dies before judgment from recovering wrongful death damages when the statutory beneficiary dies with no heirs.
Civil
Brewer v. PACCAR, Inc., No. 55A05-1709-CT-2168,__ N.E.3d __ (Ind. Ct. App., June 15, 2018).
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).
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).
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).
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.