In a legal malpractice case, defendants failed to establish, as a matter of law, that plaintiff would not have succeeded in her underlying premises-liability claim; it is a material-factual dispute that the designated evidence establishes that various wires on a hospital-room floor and the risks they pose would be apparent to a reasonable person.
G. Slaughter
In re the Adoption of E.B.F., No. 18S-AD-167, __ N.E.3d __ (Ind., March 23, 2018
Mother’s consent was necessary to grant the adoption because (1) although Mother failed to have significant communication with Child for a period of more than one year, her willingness to shield her son from the adverse effects of her addiction, coupled with her good-faith attempt at recovery and noticeable progress, constitute justifiable cause for her failure to communicate. (2) Father and Stepmother thwarted whatever occasional attempts Mother made to communicate with Child, in violation of the agreed-upon custody modification order.
Kempf v. Clerk of Vanderburgh Cnty., No. 82S01-1705-PL-334,__ N.E.3d __ (Ind., March 26, 2018).
A civil-judgment-creditor can garnish a cash bond held by a court clerk that a judgment-debtor has posted in an unrelated criminal matter, but those funds are available to the judgment-creditor only if the criminal court has ordered the bond released.
McCallister v. State, No. 87S00-1609-LW-497, __ N.E.3d __ (Ind., Feb. 15, 2018).
The evidence, including surveillance video and phone conversations, supported jury conviction of murder and conspiracy to commit murder. LWOP sentence was proper as the jury, not the court, weighs the mitigating and aggravating factors.
Bellwether Properties, LLC v. Duke Energy Indiana, Inc., No. 53S04-1703-CT-121, __ N.E.3d __ (Ind., Dec. 20, 2017).
Because the complaint does not establish that the statute of limitations had already run when the complaint was filed, Defendant’s T.R. 12(B)(6) motion shouldn’t have been granted.