Using the Rogers/Goodwin analysis, looking at the “broad type of plaintiff” and “broad type of harm” the lake owner/operator had no duty to a swimmer who contracted a rare infection from the lake because a reasonable person would not recognize the duty and agree that one exists.
Appeals
Jones v. State, No. 49A02-1611-CR-2513, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).
When defendant is convicted after a trial to the court, the right to waive allocution is personal to the defendant and may not be waived by counsel.
Jenner v. Bloomington Cellular Services, Inc., No. 53A05-1606-MI-1415, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).
Tax sale purchasers must provide notice to any person with a substantial, publicly recorded interest even if their interest lies outside the chain of title. “Requiring a tax-sale purchaser to search outside the chain of title—even if it means searching thousands of records in the county recorder’s office—is one of the safeguards created by the statute.”
Campbell v. George, No. 41A01-1607-SC-1723, __ N.E.3d __ (Ind. Ct. App., May 30, 2017).
A magistrate cannot enter a final appealable order in a small claims case.
Elwood v. Parker, No. 46A05-1609-DR-2005, __ N.E.3d __ (Ind. Ct. App., May 30, 2017).
A parent is not relieved of a child support arrearage even if 20 years have passed since the divorce, children were alienated from the parent by the other parent, or a third party acted in loco parentis and supported the children.