When an employee accessed medical records for non-employment-related reasons in direct violation of a confidentiality agreement, the trial court properly granted employer’s motion for summary judgment on respondeat superior and negligent hiring and retention of the employee.
Appeals
Smith v. State, No. 18A-CR-3009, __ N.E.3d __ (Ind. Ct. App., Aug. 7, 2019).
The State failed to establish police officer’s decision to impound defendant’s vehicle adhered to established departmental routine or regulation. While evidence of the department’s written procedure need not be introduced, more than conclusory testimony from an officer is required.
Wallick v. Inman, No. 18A-CT-2519, __ N.E.3d __ (Ind. Ct. App., Aug. 7, 2019).
The trial judge has broad discretion to rehabilitate jurors and deny for-cause challenges. The trial judge properly denied for-cause challenges after asking the prospective jurors if they could set aside personal biases, beliefs, and prejudices and follow instructions as given.
Blankenship v. Duke, No. 19A-GU-518, __ N.E.3d __ (Ind. Ct. App., Aug. 9, 2019).
When a trial court orders parenting time in a guardianship case, it cannot allow the guardian to determine the parent’s parenting time with their child.
Davis v. State, No. 19A-CR-631, __ N.E.3d __ (Ind. Ct. App., July 31, 2019).
Trial court did not abuse its discretion by denying defendant’s request for an attorney made during the bench trial more than one year after affirming his request for self-representation.