Trial court properly characterized father’s claim for damages for emotional distress arising from the negligence of the medical personnel treating his adult son as independent of and in addition to the adult wrongful death claim.
Appeals
Travelers Indemn. Co. v. Jarrells, No. 29A02-0807-CV-669, ___ N.E.2d ___ (Ind. Ct. App., May 21, 2009)
Travelers Indem. Co. v. Jarrells (Ind. Ct. App., Darden, J.) – Although (or because) trial court instructed the jury that, in determining its verdict, it must consider evidence of worker’s compensation payments, employer’s insurance carrier is entitled to reimbursement from the judgment for the worker’s compensation it paid on the injured employee’s behalf.
Metro Health Professionals, Inc. v. Chrysler, LLC, No. 06A04-0809-CV-547, __ N.E.2d ___ (Ind. Ct. App., May 4, 2009)
Auto purchaser was entitled to “Lemon Law” relief after seller’s fourth unsuccessful repair attempt even though a fifth repair attempt apparently succeeded after the “Lemon Law” was invoked.
Upton v. State, No. 52A02-0812-CR-1112, __ N.E.2d __ (Ind. Ct. App., Apr. 23, 2009)
Application of “credit restricted felon†statute to offense committed before statute’s effective date violated ex post facto prohibition.
Moore v. Moore, No. 49A02-0810-CV-978, __ N.E.2d __ (Ind. Ct. App., Apr. 16, 2009)
Protective order prohibiting only threats or violence but permitting contact erroneously did not address petitioner’s concerns with harassment or provide relief necessary to prevent violence or threats of violence as required by statute.