Proximate cause, comparative fault allocation, and whether (and to what extent) defendant acted as a “reasonably prudent person” are questions of fact for the fact-finder to resolve.
R. Rucker
In re Paternity of K.I., No. 13S05-0805-JV-213, ___ N.E.2d ___ (Ind., Mar. 25. 2009)
Whether a grandparent is entitled to visitation when custody is modified from that grandparent to a natural parent is determined by the grandparent visitation statute, not the de facto custodian statute.
Jackson v. Scheible, No. 03S01-0807-CV-390, __ N.E.2d __ (Ind., Mar. 10, 2009)
Restatement of Torts 363 on liability of a land possessor for harm caused by trees can apply to a seller of the land if the seller retains possession or control of routine maintenance; in this case buyer had possession and seller was not liable.
State v. Washington, No. 02S03-0804-CR-191, __ N.E.2d __ (Ind., Dec. 31, 2008)
Under the state and federal Constitutions, an officer, without reasonable suspicion, can inquire as to possible further criminal activity, in this case drug possession, when a motorist is stopped for a traffic infraction.