The court properly gave the Indiana Model Civil Jury Instruction for responsible cause because it “closely tracks our Supreme Court’s definition of proximate cause” and although it does not contain the word “omission,” the term “conduct” includes both acts and omissions.
Appeals
Goldberg v. Farno, No. 41A01-1007-MF-348, ___ N.E.2d ___ (Ind. Ct. App., Sept. 26, 2011).
“Plain legal prejudice” is adopted as the standard for determining whether a non-settling defendant has standing to challenge a partial settlement to which it is not a party.
G.N. v. IDCS (In re T.N.), No. 49A05-1101-JC-15, ___ N.E.2d ___ (Ind. Ct. App., Sept. 28, 2011).
One parent’s admission is insufficient to prove a child is a CHINS when the child’s other parent contests that allegation; due process requires a fact-finding hearing before the court declares the child is a CHINS.
K.S. v. B.W., No. 22A05-1102-DR-79, ___ N.E.2d ___ (Ind. Ct. App., Sept. 28, 2011).
Ind. Code 31-9-2-35.5, defining a de facto custodian, applies only to custody proceedings after a paternity determination, actions for child custody or modification of custody, and temporary placement of a child in need of services taken into custody; it does not apply in the case of visitation rights of a boyfriend over an ex-girlfriend’s child.
Conder v. State, No. 49A02-1012-PC-1404, __ N.E.2d __ (Ind. Ct. App., Sept. 9, 2011).
Depending on the manner in which they are used (here, to kick a person to death), feet and shoes can be a statutory “deadly weapon.”