Father’s intentional criminal actions of killing his daughter and himself trigger the intervening, superseding cause doctrine, and broke the causal chain between the defendant’s alleged negligence and the daughter’s death; none of the actions or inaction of any of the defendants could be considered a proximate cause of the daughter’s death as a matter of law.
Appeals
Allen v. Clarian Health Partners, Inc., No. 49A02-1011-CT-117, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).
A complaint challenging reasonableness of the fees the defendant hospital charged the plaintiffs states a claim for breach of contract because no price was specified in the contracts; plaintiffs only agreed to pay a reasonable charge for defendant hospital’s services, and if the fees charged are unreasonable this would constitute a breach of contract.
Anderson v. Anderson, No. 47A01-1104-DR-159, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).
Indiana Child Support Guideline 3 allows periodic Social Security Disability payments to be applied against a support arrearage that accumulated before the filing of a petition to modify support.
Douglas v. State, No. 40A01-1009-DR-466, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).
Incarceration for nonsupport of a dependent child can amount to a change in circumstances so substantial and continuing as to make the terms of an existing child support order unreasonable.
GVVK v. State, No. 29A02-1012-CR-1418, __ N.E.2d __ (Ind. Ct. App., Oct. 5, 2011).
Modification of D felony operating while habitual traffic violator to A misdemeanor changes also provides that defendant’s driving privileges are suspended, not forfeited.