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Case Clips

Published by the Indiana Office of Court Services

P. Mathias

Estate of Lewis v. Toliver, No. 41A01-1712-EU-2893, __ N.E.3d __ (Ind. Ct. App., July 13, 2018).

July 16, 2018 Filed Under: Civil Tagged With: Appeals, P. Mathias

The trial court has inherent power to reconsider its appointment of a special administrator.

Henderson v. Kleinman, No. 84A01-1710-CT-2566,__ N.E.3d __ (Ind. Ct. App., May 30, 2018).

June 4, 2018 Filed Under: Civil Tagged With: Appeals, E. Najam, P. Mathias

There is no statutory duty for a doctor to maintain adequate records; the trial court properly granted summary judgment in favor of doctor when “lack of documentation makes it impossible for the panel to decide whether the evidence supports or does not support a conclusion that the Defendant failed to comply with the appropriate standard of care in his treatment of the Plaintiff.”

State v. Neff, No. 18A02-1708-IF-1933, __ N.E.3d __ (Ind. Ct. App., May 11, 2018).

May 14, 2018 Filed Under: Civil Tagged With: Appeals, P. Mathias

An officeholder need not abandon each and every statutory duty before removal from office may be warranted. “[F]ailure, over a period of years, to perform a critical, official and mandatory duty for a clerk-treasurer falls squarely within the confines of Article VI Sections 7 and 8 of the Indiana Constitution and our legislature’s response via the Removal Statute.”

Brewer v. PACCAR, Inc., No. 55A05-1709-CT-2168, __ N.E.3d __ (Ind. Ct. App., March 27, 2018).

April 3, 2018 Filed Under: Civil Tagged With: Appeals, M. Barnes, P. Mathias

A component manufacturer is not immune from liability under the Indiana Product Liability Act; component manufacturer cannot automatically transfer all responsibility to the final manufacturer.

McCarty v. State, No. 84A04-1707-CR-1599, __ N.E.3d __ (Ind. Ct. App., March 20, 2018).

March 26, 2018 Filed Under: Criminal Tagged With: Appeals, P. Mathias

When placing a person on probation, the trial court must provide clear and specific written terms, including each condition of probation.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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