Attorney fees and expenses incurred by the personal representative’s attorney are not recoverable damages under the Adult Wrongful Death Statute.
Adoption of A.M., 53A05-1002-AD-71, ___ N.E.2d ___ (Ind. Ct. App., July 21, 2010)
Trial court erred in denying Grandfather’s adoption petition, because preventing the adoption without divesting Mother’s parental rights would cause an absurd result not intended by the General Assembly.
Indiana Dept. of Ins. v. Everhart, No. 84A01-0912-CV-614, ___ N.E.2d ___ (Ind. Ct. App., July 21, 2010)
Trial court erred by awarding full damages rather than damages in proportion to the increased risk of harm resulting from medical malpractice.
Edwards v. State, No. 49A02-0911-CR-1093, __ N.E.2d __ (Ind. Ct. App., July 13, 2010)
Witnesses who testify that the defendant was not present at the scene, as opposed to affirmatively testifying he was at a different place, are not alibi witnesses for whom an alibi notice is required.
In re Subpoena to Crisis Connection, Inc., No. 19A05-0910-CR-602, __ N.E.2d __ (Ind. Ct. App., July 15, 2010)
Victim-advocate privilege may be limited by defendant’s constitutional rights, with a three-step test (particularity, relevance, no “paramount interest”) to be met by the defense before there will be an in camera review to determine what victim-advocate communications are to be disclosed.