Construction manager’s contractual duties are interpreted to give it a duty for safety of contractor’s employees; argument manager had a “nondelegable” duty toward contractor employee is rejected.
The Presbytery of Ohio Valley, Inc. v. O.P.C., Inc., No. 82A02-1003-MF-339, __N.E.2d __ (Ind. Ct. App., Dec. 14, 2010)
In church property dispute, Constitution-allowed “neutral principles” approach required trial court to examine church constitutions and similar laws for trust language which might favor ownership by the national church.
Sharon Gill v. Evansville Sheet Metal Works, Inc., No. 49A05-0912-CV-699, __ N.E.2d __ (Ind. Ct. App., Dec. 15, 2010)
A trial court should not blindly adhere to all of its local rules, but examine technical rules when it appears that invoking them would defeat justice.
In re the Adoption of L.D., No. 49S02-1006-CV-330, __ N.E.2d __ (Ind., Dec. 16, 2010)
Adoption notice by publication to mother complied with statute but failed to meet the due process requirement of a “diligent search reasonably calculated to determine the mother’s whereabouts.”
Runyon v. State, No. 57S04-1006-CR-317, __N.E.2d __ (Ind., Dec. 8, 2010)
To revoke probation for failure to comply with a financial condition, the State has the burden to prove by a preponderance that the condition was violated and that the violation was reckless, knowing, or intentional; the probationer has the burden to present “facts related to an inability to pay and indicating sufficient bona fide efforts to pay so as to persuade the trial court that further imprisonment should not be ordered.”