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| Daffron v. Snyder, No. 57A03-0603-CV-94,
COURT OF APPEALS OF INDIANA, September 19, 2006, Decided , September 19, 2006, Filed
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Overview: Plaintiff was entitled to attorney's fees as a prevailing party under 42 U.S.C.S. § 1988 when he accepted an offer of judgment tendered pursuant to Ind. R. Trial P. 68 of $3,000 to settle all of his state tort claims and civil rights claims asserted under 42 U.S.C.S. § 1983 against a deputy sheriff and a sheriff.
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| Four Winds, LLC v. Smith & Debonis, LLC, No. 45A03-0508-CV-403,
COURT OF APPEALS OF INDIANA, September 19, 2006, Decided , September 19, 2006, Filed
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Overview: Trial court did not err in entering judgment in a specified monetary amount for the law firm on its action for attorney fees against the client; termination clause in fee agreement was enforceable and allowed law firm to be paid for the services it had rendered while still permitting the client the right to discharge the law firm at any time.
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| Lean v. Reed, No. 49A02-0602-CV-126,
COURT OF APPEALS OF INDIANA, September 19, 2006, Decided , September 19, 2006, Filed
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Overview: Summary judgment finding the director liable for a violation of Ind. Code Ann. § 23-2-1-19 was affirmed because the purchasers made a prima facie showing that the director's corporation violated the Indiana Securities Act and the director had not shown that in the exercise of reasonable care he could not have known of the violations.
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| Meyer v. Wright, No. 87A05-0509-CV-546,
COURT OF APPEALS OF INDIANA, September 19, 2006, Decided , September 19, 2006, Filed
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Overview: In a suit by a decedent's daughter challenging certain transfers to the decedent's son, the son and the decedent's attorney had rebutted the presumption of undue influence arising from the father-son relationship and the transfers. The evidence showed that the son was the natural object of the decedent's bounty and that the decedent was competent.
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| Stellwag v. State, No. 18A02-0509-CR-910,
COURT OF APPEALS OF INDIANA, September 19, 2006, Decided , September 19, 2006, Filed
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Overview: Defendant's conviction was reversed because defendant had provided evidence that the judge's comments and conduct toward defendant in front of the jury had the cumulative effect of establishing fundamental error and was prejudicial so that defendant's right to a fair trial was violated.
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| Alli v. Eli Lilly & Co., No. 49A05-0602-CV-00103,
COURT OF APPEALS OF INDIANA, September 20, 2006, Decided , September 20, 2006, Filed
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Overview: MCL § 600.2946(5), which immunized pharmaceutical company from products liability for drugs approved by FDA, and did not violate Indiana public policy, applied to Indiana negligence and products liability suit, as last event necessary to complete alleged torts was place of injury, which occurred when widow's husband committed suicide in Michigan.
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| Poling v. State, No. 27A02-0601-CR-32,
COURT OF APPEALS OF INDIANA, September 20, 2006, Decided , September 20, 2006, Filed
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Overview: Ind. Code § 35-46-1-4 violated the Proportionality Clause, Ind. Const. art. I, § 16, because if a jury found a defendant guilty of cruel confinement of a dependent, it could characterize the crime as either a class C felony or a class D felony; thus, a defendant could receive a harsher sentence than another defendant for the same crime.
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| Smith v. State, No. 78A01-0511-CR-533,
COURT OF APPEALS OF INDIANA, September 20, 2006, Decided , September 20, 2006, Filed
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Overview: Trial court did not err in denying a motion to dismiss a child seduction charge under Ind. Code § 35-42-4-7. Defendant, a school bus driver, was a "child care worker" under the statute, as he could discipline the children on his bus and was in a position of authority there; it was immaterial that he was paid by a contractor and not by the school.
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| Madison Ctr., Inc. v. R.R.K., No. 71A03-0602-CV-52,
COURT OF APPEALS OF INDIANA, September 21, 2006, Decided , September 21, 2006, Filed
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Overview: Because a patient's injuries were not caused by any services which the hospital as the health care provider provided or failed to provide to him as a patient, rather, they were caused by another resident whom the hospital failed to medicate, restrain, or confine, the patient's action was properly brought as a premises liability action.
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| Reyes v. State, No. 01A02-0510-CR-976,
COURT OF APPEALS OF INDIANA, September 21, 2006, Decided , September 21, 2006, Filed
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Overview: Because it would have been burdensome to both the State and the lab director to produce him as a witness as the lab had performed thousands of drug screens over the years, and the hearsay statement concerning defendant's cocaine use was reliable, the revocation of defendant's probation, based on defendant's cocaine use, was affirmed.
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