Officer’s general concern about suspects having weapons and his dislike of suspects placing hands in their pockets did not support stop and frisk.
E. Najam
Plank v. Community Hospitals of Indiana, Inc., No. 49A04-1004-CT-25, ___ N.E.2d ___ (Ind. Ct. App., Oct. 25, 2011).
Plaintiff is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards is unconstitutional.
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.
Hundley v. State, No. 24A01-1010-CR-550, __ N.E.2d __ (Ind. Ct. App., July 14, 2011).
Entire weight of “pill dough” produced in intermediate step in methamphetamine manufacture was properly considered as methamphetamine in excess of 3 grams required for A felony manufacturing.
Perdue v. Greater Lafayette Health Services, Inc. d/b/a Home Hospital, No. 79A05-1011-CT-687, ___N.E.2d ___ (Ind. Ct. App., June 8, 2011)
Ind. Code 32-30-1-5, the statute of repose, does not apply in plaintiff’s negligence suit; plaintiff was not alleging deficiency in the design or construction to support her claim, but was alleging breach of the duty to protect invitees from a dangerous condition of the premises.