Trial court properly characterized father’s claim for damages for emotional distress arising from the negligence of the medical personnel treating his adult son as independent of and in addition to the adult wrongful death claim.
P. Riley
Travelers Indemn. Co. v. Jarrells, No. 29A02-0807-CV-669, ___ N.E.2d ___ (Ind. Ct. App., May 21, 2009)
Travelers Indem. Co. v. Jarrells (Ind. Ct. App., Darden, J.) – Although (or because) trial court instructed the jury that, in determining its verdict, it must consider evidence of worker’s compensation payments, employer’s insurance carrier is entitled to reimbursement from the judgment for the worker’s compensation it paid on the injured employee’s behalf.
In re N.E., No. 49A02-0806-JV-522, ___ N.E.2d ___ (Ind. Ct. App., Mar. 19, 2009)
Where DCS alleged Child to be a CHINS with respect to Mother, but not with respect to Father, Court of Appeals remanded the case for determination of whether Father is willing and able to appropriately parent Child.
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.
McGhee v. State, No. 48A02-0804-CR-345, __ N.E.2d __ (Ind. Ct. App., Dec. 29, 2008)
Confession was involuntary when it was induced by officer’s erroneous assurance that consensual sex between defendant and his adult niece was legal.