If a non-physician healthcare provider, such as a chiropractor, is not qualified under Evidence Rule 702 to render an opinion as to medical causation because the causation issue is complex, then chiropractors sitting on medical review panels are likewise not qualified to render opinions as to medical causation when the causation issue is complex.
N. Vaidik
Jones v. State, No. 49A02-1611-CR-2513, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).
When defendant is convicted after a trial to the court, the right to waive allocution is personal to the defendant and may not be waived by counsel.
Jenner v. Bloomington Cellular Services, Inc., No. 53A05-1606-MI-1415, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).
Tax sale purchasers must provide notice to any person with a substantial, publicly recorded interest even if their interest lies outside the chain of title. “Requiring a tax-sale purchaser to search outside the chain of title—even if it means searching thousands of records in the county recorder’s office—is one of the safeguards created by the statute.”
McAlpin v. State, No. 39A01-1606-CR-1417, __ N.E.3d __ (Ind. Ct. App., March 22, 2017).
When defendant is charged with committing the offense in a drug-free zone, the state must prove beyond a reasonable doubt that children were reasonably expected to be present when the offense occurred.
Estate of Pfafman v. Lancaster, No. 57A03-1603-CC-516, __N.E.3d__ (Ind. Ct. App, Jan. 18, 2016).
The Comparative Fault Act does not require that a jury allocate some fault to every actor who proximately caused the plaintiff’s injury, but permits the allocation of any percentage or no percentage of fault to a party or nonparty who caused or contributed to cause the injury.