Ind. Code § 34-18-18-1’s limitation that plaintiff’s attorney’s fees from any award made from the patient’s compensation fund may not exceed fifteen percent (15%) of any recovery from the fund does not apply to the assessment of damages caused by the tortfeasor or the calculation of excess damages of any type from the fund.
Appeals
In re B.B, No. 34A02-1303-JP-243, __ N.E.2d __ (Ind. Ct. App., Nov. 20, 2013).
Trial court properly admitted text messages into evidence.
Williams v. State, No. 67A01-1302-CR-87, __ N.E.2d __ (Ind. Ct. App., Nov. 13, 2013).
Evidence of numerous acts of defendant’s sexual intercourse with his daughter left “no reasonable possibility” that the jury relied upon the same acts in finding defendant guilty of incest and child molesting, so that Indiana double jeopardy protection did not prohibit convictions for both offenses.
Cross v. State, No. 73A01-1303-CR-134, __ N.E.2d __ (Ind. Ct. App., Nov. 6, 2013).
Rejects argument that punishment under current cocaine A felonies is disproportionate because penal code revisions effective July 1, 2014 reflect General Assembly determination of disproportionality.
Boyd v. WHTIV, Inc., No. 49A05-1303-PL-107, __ N.E.2d __ (Ind. Ct. App., Nov. 5, 2013).
The three-day extension of time provided by Trial Rule 6(E) applies to summary judgment proceedings.