Summary judgment was properly granted in a negligence action. Because the Defendant’s sudden physical incapacity was not reasonably foreseeable, Defendant successfully negated the element of breach of duty.
Appeals
Bock v. Bock, No. 18A-DR-38, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2018).
Pension survivor benefit was properly included as a marital asset for division.
Rodriguez v. State, No. 20A03-1704-CR-724, __ N.E.3d __ (Ind. Ct. App., Dec. 14, 2018).
Court of Appeals affirmed its prior ruling that under Ind. Code § 35-38-1-17(1) a trial court could modify defendant’s sentence, as that section provided a person may not waive the right to sentence modification as part of a plea agreement. A 2018 amendment to that statute may not be applied retroactively.
Barber v. State, No. 18A-CR-308, __ N.E.3d __ (Ind. Ct. App., Dec. 5, 2018).
Indiana’s sentence modification statute is available only to convicted persons who are currently executing a sentence.
Akehurst v. State, No. 18A-CR-214, __ N.E.3d __ (Ind. Ct. App., Dec. 5, 2018).
Defendant’s restitution payment is limited to victim’s lost earnings incurred before, and not including, the date of sentencing.