Mother could add child’s guardian as a defendant under the Child Wrongful Death Statute, but both father and guardian were required to assert a claim within 2-years to be entitled to an apportionment of damages.
Appeals
Davis-Brumley v. Fair Oaks Farms, LLC, No. 23A-CT-1610, __ N.E.3d __ (Ind. Ct. App., Feb. 29, 2024).
Wrongful death action was not timely filed when plaintiff petitioned to be appointed as special administratrix of the estate within the two-year filing period of the Wrongful Death Act, but the petition was not granted until after that period elapsed.
Marroquin v. Reagle, No. 23A-MI-2545, __ N.E.3d __ (Ind. Ct. App., Feb. 23, 2024).
When defendant was convicted of a crime in Indiana that does not require sex offender registration and then moves to a state that did require sex offender registration, the defendant is not required to register when moving back to Indiana.
Starr Indemnity & Liability Co. v. NIBCO, Inc., No. 23A-PL-1343, __ N.E.3d __ (Ind. Ct. App., Feb. 26, 2024).
When relief was not available under T.R. 60(B), the trial court could not reinstate the case because it failed to have a T.R. 41(E) hearing before the dismissal.
Morgan v. State, No. 23A-CR-1489, __ N.E.3d __ (Ind. Ct. App., Feb. 9, 2024).
Under Indiana’s Red Flag Law, when a law enforcement officer seizes a firearm from an individual whom the law enforcement officer believes to be dangerous without first obtaining a warrant, the officer must submit an affidavit to a court describing why the officer believes the individual is dangerous. If the court finds probable cause exists to believe the individual is dangerous, the court shall order the law enforcement agency to retain the firearm. To sustain the dangerousness finding, the State must prove, at a hearing, by clear and convincing evidence material facts demonstrating the individual is dangerous.