Opinions June 23, 2010

Keywords neglect / Opinions

Indiana Supreme Court
Indiana Patient's Compensation Fund v. Gary Patrick
Civil. Reverses finding that the Adult Wrongful Death Statute applied to Patrick’s claim as personal representative of his son’s estate and award to Patrick for his emotional distress claim. Because damages for emotional distress aren’t available under the Adult Wrongful Death Statute, a parent can’t bring a derivative claim seeking such damages under the Medical Malpractice Act.

Indiana Court of Appeals
Noe Romo v. State of Indiana

Criminal. Affirms convictions of three counts of Class A felony dealing in cocaine. The trial court did not abuse its discretion in admitting transcripts of drug transactions into evidence and finding that playing the Spanish audio recordings as the jury read the English transcripts wouldn’t have assisted the jury’s comprehension of the recordings. Romo also failed to show he suffered prejudice from the admission of the transcripts without a proper foundation.

Mary Ann Dandino v. Luisito C. Gonzales, M.D., and Elkhart Clinic, LLC (NFP)

Civil. Affirms grant of Dandino’s motion to correct error and grant of a new trial based on the omission of the definition of proximate cause in the jury instructions. Reverses denial of her motion to amend her complaint pursuant to Ind. Trial Rule 15(B). Remands for further proceedings.

I.S. v. State of Indiana (NFP)

Juvenile. Affirms adjudication for committing what would be Class A misdemeanor possession of marijuana if committed by an adult.

Indiana Tax Court had posted no opinions at IL deadline.

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