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.
Conwell v. Gray Loon Outdoor Marketing Group, Inc., No. 82S04-0806-CV-309, ___ N.E.2d ___ (Ind., May 19, 2009)
The Uniform Commercial Code did not apply to a suit between a business enterprise and the marketing firm that created and hosted its website; thus the firm may collect for its work under principles of common law contract.
Gary Community School Corp. v. Powell, No. 45S03-0809-CV-482, ___ N.E.2d ___ (Ind., May 19, 2009)
An employee filling multiple positions with the same employer is eligible for leave under the federal Family and Medical Leave Act if that employee’s total service is sufficient to qualify, even if service in either position alone does not qualify.