Indiana law recognizes a rebuttable presumption that children between the ages of seven and 14 are incapable of contributory negligence.
Supreme
Termination of Parent-Child Rel. of M.B., No. 34S02-0904-JV-147, ___ N.E.2d ___ (Ind., Nov. 30, 2009)
Conditioning the voluntary termination of parental rights on continuing post-adoption visitation irreconcilably conflicts with Indiana adoption law and is not permitted.
Baker v. Tremco, Inc., No. 29S02-0902-CV-00065, ___ N.E.2d ___ (Ind., Dec. 3, 2009)
A constructive discharge claim may rest on involuntary resignation, but only where the cause fits within the grounds recognized by Indiana decisions on retaliatory discharge.
State ex rel. Kirtz v. Delaware Circuit Court No. 5, No. 18S00-0909-OR-411, __ N.E.2d __ (Ind., Nov. 13, 2009)
When defendant had testified against special prosecutor’s brother-in-law in an unrelated recent case, the special prosecutor’s appointment was dissolved by a Supreme Court writ of mandate and prohibition based on the appearance of impropriety.
Inlow v. Inlow, No. 29S02-0902-CV-89, __ N.E.2d __ (Ind., Nov. 18, 2009)
When settlement resolves a wrongful death action, a court should direct payment from the pre-trial wrongful death settlement that part of the medical, hospital, funeral, and burial expenses that corresponds to the ratio of the total of such expenses to the estimated total damages sustained.