Trial court did not abuse its discretion when it considered a deposition on summary judgment when it had not reviewed or signed at the time of its designation.
Appeals
EngineAir, Inc. v. Centra Credit Union, No. 36A01-1709-CT-2177, __ N.E.3d __ (Ind. Ct. App., July 24, 2018).
Indiana’s version of the Uniform Commercial Code has displaced any cause of action that the companies may have against depository bank for depositing fraudulent checks; case was properly dismissed under T.R. 12(B)(6).
ONB Ins. Group, Inc. v. Estate of Mengel, No. 40A01-1707-CT-1513, __ N.E.3d __ (Ind. Ct. App., July 25, 2018).
This case uses the Goodwin/Rogers analysis for a negligence case that does not involve premise liability with third-party acts. When the broad type of plaintiffs are motorists, the defendants are an insurance agency and its agent, and the type of harm as a multi-vehicle collision caused by faulty brakes on a large tractor-trailer, defendants owe no common law duty to plaintiffs
In re Guardianship of Robbins, No. 18A-GU-242, __ N.E.3d __ (Ind. Ct. App., July 26, 2018).
Trial court exceeded the bounds of its authority by refusing to allow an entire settlement to be placed in a special needs trust.
Carr v. State, No. 18A-CR-286, __ N.E.3d __ (Ind. Ct. App., July 23, 2018).
Admission of a prior statement made by the victim to a law enforcement official did not violate defendant’s Sixth Amendment confrontation rights and was admissible as a hearsay exception when defendant’s own wrongdoing caused the victim’s unavailability.