When a box opened at the bottom and injured store customer, plaintiffs’ designated evidence did not create an issue of material fact to defeat defendant’s motion for summary judgment. Plaintiffs’ res ipsa loquitur claim also failed.
In re K.W. v. Indiana Dep’t of Child Servs., No. 21A-JC-598, __ N.E.3d __ (Ind. Ct. App., Oct. 21, 2021).
CHINS fact-finding hearing and dispositional hearings were properly continued for good cause pursuant to Trial Rule 53.5.
Gliva v. State, No. 21A-CR-332, __ N.E.3d __ (Ind. Ct. App., Oct. 7, 2021).
The unaware prong of the sexual battery statute — Ind. Code § 35-42-4-8(a)(2) — applies when the victim lacks knowledge or acquaintance of the touching or is unconscious of the touching as the touching is occurring. Unawareness that the touching is going to occur alone does not satisfy the provision.
In re Termination of Parent-Child Relationship of I.L., No. 21A-JT-418, __ N.E.3d __ (Ind. Ct. App., Oct. 5, 2021).
Remote proceedings for a termination of parental rights hearing did not deprive mother of her due process rights.
Miller v. Patel, No. 21S-CT-455, __ N.E.3d __ (Ind., Oct. 7, 2021).
Emergency Medical Treatment and Labor Act’s statute of limitations does not preempt an amendment under Trial Rule 15(C).