In a legal malpractice case, defendants failed to establish, as a matter of law, that plaintiff would not have succeeded in her underlying premises-liability claim; it is a material-factual dispute that the designated evidence establishes that various wires on a hospital-room floor and the risks they pose would be apparent to a reasonable person.
Supreme
Care Group Heart Hospital, LLC v. Sawyer, No. 49S05-1710-PL-671,__ N.E.3d __ (Ind., March 23, 2018).
The Court enforced the plain meaning of the contract; “terminated for any reason” means any termination, for any reason.
In re the Adoption of E.B.F., No. 18S-AD-167, __ N.E.3d __ (Ind., March 23, 2018
Mother’s consent was necessary to grant the adoption because (1) although Mother failed to have significant communication with Child for a period of more than one year, her willingness to shield her son from the adverse effects of her addiction, coupled with her good-faith attempt at recovery and noticeable progress, constitute justifiable cause for her failure to communicate. (2) Father and Stepmother thwarted whatever occasional attempts Mother made to communicate with Child, in violation of the agreed-upon custody modification order.
Kempf v. Clerk of Vanderburgh Cnty., No. 82S01-1705-PL-334,__ N.E.3d __ (Ind., March 26, 2018).
A civil-judgment-creditor can garnish a cash bond held by a court clerk that a judgment-debtor has posted in an unrelated criminal matter, but those funds are available to the judgment-creditor only if the criminal court has ordered the bond released.
T.H. v. State, No. 18S-JV-80,__ N.E.3d __(Ind., March 9, 2018)
Affirms the Court of Appeals opinion that no reasonable fact-finder could find the element of loss of at least $750 was proven beyond a reasonable doubt when there are unexplained anomalies in the repair estimate.