Sibbing v. Cave, No. 49S02-0906-CV-00275, __ N.E.2d __ (Ind., Mar. 4, 2010)

Evidence Rule 803(4)’s hearsay exception for statements made for purposes of medical diagnosis or treatment applies only to patients’ statements, not to statements of physicians concerning diagnosis or treatment. Holds that recovery of medical expenses requires that “the treatment claimed must be necessary in the sense that it proximately resulted from the wrongful conduct,” and also holds that the “scope of liability” component of proximate cause allows recovery for “necessary” medical treatment even when the result of misdiagnosis or negligent administration.

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Johnson v. Johnson, No. 46S04-0907-CV-00346, ___ N.E.2d ___ (Ind., Jan. 28, 2010)

Dissolution agreement for husband to pay wife for her interest in the family farm, although silent on the subject, must have contemplated the regular annual renewal of the farm’s debt to finance its operations, but not the higher level of debt necessary to finance husband’s obligations to wife; trial court erred in modifying wife’s lien to allow husband to finance his divorce obligations.

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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.

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Clark v. State, No. 43S00-0810-CR-575, __ N.E.2d __ (Ind., Oct. 15, 2009)

Defendant’s statements about himself on his “My Space” website as an “outlaw” were properly admitted to rebut his testimony at trial.

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Myers v. Leedy, No. 85S02-0808-CV-478, ___ N.E.2d ___ (Ind. Oct. 15, 2009)

If, at the time of filing suit for forfeiture, a land contract vendor knows, or upon reasonable diligence should have known, that a tenant is in possession of the property, the tenant’s leasehold interest survives the forfeiture action unless the tenant is made a party to the forfeiture litigation.

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