Insurance Company was the sole defendant, and neither Evidence Rule 411 nor the common law permits the substitution of a non-party to conceal its identity as an insurer.
M. Bailey
D.B. v. M.B.V., No. 32A01-0903-CV-110, ___ N.E.2d ___ (Ind. Ct. App. Oct. 2, 2009)
To terminate parenting time, trial court must articulate a finding that parenting time would endanger the child’s physical health or significantly impair the child’s emotional development.
Davis v. State, No. 45A03-0808-CR-407, __ N.E.2d __ (Ind. Ct. App., June 11, 2009)
Search based on a warrant based in part on information obtained in violation of the 4th Amendment was upheld when the remaining information for the warrant was not illegally obtained and sufficed to show probable cause.
Smith v. Champion Trucking Co., No. 93A02-0808-EX-701, ___ N.E.2d ___ (Ind. Ct. App., Feb. 25, 2009)
Third party settlement did not bar worker’s compensation benefits where the settlement was obtained before a worker’s compensation award had been resolved, and was in an amount less than the anticipated worker’s compensation benefit.
Ramirez v. Wilson, No. 56A04-0806-CV-356, ___ N.E.2d ___ (Ind. Ct. App., Jan. 29, 2009)
Viable fetus was not a child for the purposes of the Child Wrongful Death statute.