As a matter of first impression, the Court of Appeals held that the paved surface of a parking lot may be considered as a deadly weapon capable of causing serious bodily injury.
E. Najam
B&R Oil Co., Inc. v. Stoler, No. 71A04-1603-PL-608, __ N.E.3d __ (Ind. Ct. App., May 30, 2017).
Lessor may not circumvent a lessee’s contractual right of first refusal to purchase the leased premises by submitting a third-party offer to the lessee in which the leased premises are bundled with other property.
Oaks v. Chamberlain, No. 92A04-1609-CC-2041, __ N.E.3d __ (Ind. Ct. App., May 11, 2017).
In a medical malpractice case, expert’s testimony about his personal practices is relevant and admissible for the purpose of impeaching his testimony about the standard of care.
L.G. v. S.L., No. 29A04-1607-AD-1756, __ N.E.3d __ (Ind. Ct. App., May 4, 2017).
There was an appearance of impropriety when the attorney for one side wrote a letter of recommendation for the trial court judge while the case was pending; trial court judge should have recused himself from the proceedings.
Bass v. State, No. 03A01-1606-CR-1493, __ N.E.3d __ (Ind. Ct. App., April 27, 2017).
Trial court did not remedy defendant’s double jeopardy concern when it entered a judgment of conviction for the offense and its lesser-included offense (Class A misdemeanor OWI and Class C misdemeanor
OwI) and then merged the offenses purposes of sentencing.