Father’s intentional criminal actions of killing his daughter and himself trigger the intervening, superseding cause doctrine, and broke the causal chain between the defendant’s alleged negligence and the daughter’s death; none of the actions or inaction of any of the defendants could be considered a proximate cause of the daughter’s death as a matter of law.
In re C.G., No. 49S04-1101-JT-4, ___ N.E.2d ___ (Ind., Oct. 11, 2011).
Adopts the factors set out in State of West Virginia ex rel. Jaenette H., 529 S.E.2d at 877 (W.Va. 2000) for trial courts to determine whether an incarcerated parent is permitted to attend a hearing on the termination of his or her parental rights.
Allen v. Clarian Health Partners, Inc., No. 49A02-1011-CT-117, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).
A complaint challenging reasonableness of the fees the defendant hospital charged the plaintiffs states a claim for breach of contract because no price was specified in the contracts; plaintiffs only agreed to pay a reasonable charge for defendant hospital’s services, and if the fees charged are unreasonable this would constitute a breach of contract.
Anderson v. Anderson, No. 47A01-1104-DR-159, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).
Indiana Child Support Guideline 3 allows periodic Social Security Disability payments to be applied against a support arrearage that accumulated before the filing of a petition to modify support.
Douglas v. State, No. 40A01-1009-DR-466, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).
Incarceration for nonsupport of a dependent child can amount to a change in circumstances so substantial and continuing as to make the terms of an existing child support order unreasonable.