Only the trial court, not the probation department, has the authority to assess probation fees against a defendant.
Appeals
Burgh v. State, No. 71A03-1611-CR-2669, __ N.E.3d __ (Ind. Ct. App., June 23, 2017).
As a matter of first impression, the Court of Appeals held that the paved surface of a parking lot may be considered as a deadly weapon capable of causing serious bodily injury.
Angel Shores Mobile Home Park, Inc. v. Crays, No. 79A02-1605-CT-1106, __ N.E.3d __ (Ind. Ct. App., June 20, 2017).
Child Wrongful Death Statute allows the recovery of attorney’s fees and expenses.
Totton v. Bukofchan No. 24A01-1612-CT-2849, __ N.E.3d __ (Ind. Ct. App., June 14, 2017).
If a non-physician healthcare provider, such as a chiropractor, is not qualified under Evidence Rule 702 to render an opinion as to medical causation because the causation issue is complex, then chiropractors sitting on medical review panels are likewise not qualified to render opinions as to medical causation when the causation issue is complex.
Daviess-Martin County Join Parks and Recreation Dept. v. Estate of Abel, No. 19A04-1607-CT-1563, __ N.E.3d __ (Ind. Ct. App., June 19, 2017).
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.