Mother could add child’s guardian as a defendant under the Child Wrongful Death Statute, but both father and guardian were required to assert a claim within 2-years to be entitled to an apportionment of damages.
E. Tavitas
Davis-Brumley v. Fair Oaks Farms, LLC, No. 23A-CT-1610, __ N.E.3d __ (Ind. Ct. App., Feb. 29, 2024).
Wrongful death action was not timely filed when plaintiff petitioned to be appointed as special administratrix of the estate within the two-year filing period of the Wrongful Death Act, but the petition was not granted until after that period elapsed.
In re N.E., No. 23A-JC-996, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2024).
A litigant’s failure to appear at a hearing should be addressed using the indirect contempt procedure which requires a rule to show cause and a hearing. The trial court erred by relying upon information obtained from the drug testing facility by its court reporter without her testimony under oath.
Russell v. Russell, No. 23A-DC-578, __ N.E.3d __ (Ind. Ct. App., Nov. 22, 2023).
“Joint physical custody” means equal parenting time; while that might not require a perfectly equal 50% – 50% split of parenting time, granting Father 55.5% of parenting time and Mother 44.5% of parenting time is inconsistent with “joint physical custody.”
Marion Superior Court Probation Dept. v. Trapuzzano, No. 23A-CT-61, __ N.E.3d __ (Ind. Ct. App., Nov. 14, 2023).
The probation department has quasi-judicial immunity from liability.