Fact that physician had a busy schedule, without a showing that she could not have rearranged the schedule or that she was subpoenaed, did not make her “unavailable” such that her videotaped deposition could be admitted without violating the Confrontation Clause.
Whatley v. State, No. 49A02-0809-CR-808, __ N.E.2d __ (Ind. Ct. App., May 21, 2009)
Fact church was used for some secular activities, such as Girl Scouts, did not change it into a “youth program facility” “drug free zone” supporting enhancement of cocaine sentence.
Estate of Margaret H. Prickett v. Womersley, No. 71S03-0808-CV-419, ___ N.E.2d ___ (Ind., May 13, 2009)
Indiana law presumes that services while caring for a person subject to a guardianship are rendered gratuitously if rendered by a family member; the presumption cannot be rebutted by evidence that the person wanted her daughter to be compensated because the person was under a guardianship, and the guardian did not consent.
Indiana Patient's Compensation Fund v. Patrick, No. 49A02-0807-CV-614, ___ N.E.2d ___ (Ind. Ct. App., May 18, 2009)
Trial court properly characterized father’s claim for damages for emotional distress arising from the negligence of the medical personnel treating his adult son as independent of and in addition to the adult wrongful death claim.
Bush v. State Farm Mut. Ins. Co., No. 71S03-0810-CV-558, ___ N.E.2d ___ (Ind., May 13, 2009)
An uninsured motorist policy restricting coverage to bodily injury or death sustained by an insured does not violate Indiana’s uninsured motorist statute.