Using the Rogers/Goodwin analysis, restaurant had a duty to protect restaurant patron from injury caused by another patron when the restaurant knew that the patrons had engaged in a verbal altercation and was aware of the potential for escalation of the conflict.
Appeals
Henderson v. Kleinman, No. 84A01-1710-CT-2566,__ N.E.3d __ (Ind. Ct. App., May 30, 2018).
There is no statutory duty for a doctor to maintain adequate records; the trial court properly granted summary judgment in favor of doctor when “lack of documentation makes it impossible for the panel to decide whether the evidence supports or does not support a conclusion that the Defendant failed to comply with the appropriate standard of care in his treatment of the Plaintiff.”
Hunter v. State, No. 43A03-1711-CR-2633, __ N.E.3d __ (Ind. Ct. App., May 16, 2018).
When defendant violates a condition of bail, the court may revoke bail, but may not impose a punitive contempt sanction unless defendant’s conduct affects the dignity or operation of the court.
Parsley v. MGA Family Group, Inc., No. 19A01-1707-CT-1535,__ N.E.3d __ (Ind. Ct. App., May 16, 2018).
Grandmother, alleged de facto guardian of her grandson, could not bring an action on behalf of her grandson under the Child Wrongful Death Statute because she was not his legal guardian.
Yates v. Hites, No. 44A03-1710-CT-2459, __ N.E.3d __ (Ind. Ct. App., May 18, 2018).
The trial court abused its discretion when it gave the sudden emergency jury instruction with no evidence to support it. Because the sudden emergency instruction was given and emphasized in closing argument, a new trial is warranted.