An officeholder need not abandon each and every statutory duty before removal from office may be warranted. “[F]ailure, over a period of years, to perform a critical, official and mandatory duty for a clerk-treasurer falls squarely within the confines of Article VI Sections 7 and 8 of the Indiana Constitution and our legislature’s response via the Removal Statute.”
Civil
Estate of Staggs v. ADS Logistics Co., LLC, No. 64A03-1708-CT-1961, __ N.E.3d __ (Ind. Ct. App., May 14, 2018).
Company that warehoused steel coil that became unsecured during travel killing other motorists had no duty to the motorists killed. It is unforeseeable that a warehousing entity’s conduct in warehousing the cargo or in loading the cargo onto another entity’s vehicle at the instruction of the other entity’s driver would result in harm to motorists.
In re J.R. & M.R., No. 80A02-1704-JC-806,__ N.E.3d __ (Ind. Ct. App., April 17, 2018).
CHINS factfinding hearing must be completed within 60 days or the petition must be dismissed; if the petition is refiled, DCS must submit new evidence regarding conditions at the current time.
In re Adoption and Paternity of K.A.W., No. 31A01-1712-AD-2797 ,__ N.E.3d __ (Ind. Ct. App., April 20, 2018).
Although Putative Father registered as a putative father and filed a petition to establish paternity, Putative Father’s consent to adoption was irrevocably implied because he failed to register as a putative father in a timely fashion.
Roumbos v. Vazanellis, No. 45S03-1710-CT-635,__ N.E.3d __ (Ind., April 12, 2018).
In a legal malpractice case, defendants failed to establish, as a matter of law, that plaintiff would not have succeeded in her underlying premises-liability claim; it is a material-factual dispute that the designated evidence establishes that various wires on a hospital-room floor and the risks they pose would be apparent to a reasonable person.