Evidence that child skipped one day of school, missed part of five classes, was tardy twelve times and that his mother had cooperated with school and disciplined him did not suffice to raise the required status delinquency inference he was not receiving care, treatment, or rehabilitation.
Appeals
Flores v. Gutierrez, No. 45A04-1101-CT-28, __ N.E.2d __ (Ind. Ct. App., Aug. 10, 2011).
Jury’s zero-damage award in negligence case was consistent with the evidence.
Kornelik v. Mittal Steel USA, Inc., et al., No. 45A03-1011-CT-58, ___ N.E.2d ___ (Ind. Ct. App., Aug. 10, 2011).
An injured employee who settles with a third party for substantially less than the damages value of his claim without the consent of his employer or his worker’s compensation carrier can subsequently reduce his lien arising under the Indiana Worker’s Compensation Act by attorney fees and pro rata costs pursuant to Indiana Code section 22-3-2-13; however, the injured employee cannot reduce the lien in the same proportion that his full recovery was reduced pursuant to Ind. Code 34-51-2-19.
Cynthia Welch v. Shawn D. Young, et al., No. 79A02-1012-CT-1407, ___ N.E.2d ___ (Ind. Ct. App., Aug. 4, 2011).
The Pfenning standard is applicable in the case of a mother hit in the knee by a youth baseball team member warming up, and to apply the Pfenning standard the Court must examine the actions of the alleged tortfeasor to determine if “the conduct of [the] participant” is within the “range of ordinary behavior of participants in the sport.”
Randolph v. Buss, No. 33A04-1010-MI-684, __ N.E.2d __ (Ind. Ct. App., July 26, 2011).
Legislature intended that inmate’s left-over educational credit time after his release on parole would not still be available to him when his parole was revoked and he returned to prison.