Case Links for July 12, 2005
From the Indiana Court of Appeals:
The Court takes on a parental repudiation case. In Indiana, child support must continue to be paid, regardless of the status of the relationship between parent and child, but there is a line of cases that carves out a judicial exception for the obligation to pay college expenses: Where the child refuses to have anything to do with the parent, the parent can be relieved of this obligation.Here, the child blamed the father for the divorce and wanted nothing to do with father’s girlfriend, and this led to poor communications and a break down in the relationship between father and son. Son switched from IU to Ball State without consulting father, and the two had limited communication. However, child’s testimony that he would like to try to rebuild relationship with father in the future supports the trial court’s determination that there had not been a complete repudiation.
A wound care medical negligence case. Home healthcare provider giving care to patient who was sent home with an open wound was found to have the wound in its “exclusive control” where patient showed that doctor was the last medical provider to use the type of wound packing that was subsequently found left in the wound after home healthcare worker had changed the dresings. Patient could not change the dressings herself, so the doctrine of res ipsa loquitur (injury would not occur without negligence) applies and expert opinion not required.
Indiana Code Section 32-21-1-10 says real estate listing agreements must be in writing to be enforceable. Young wanted to sell some land and asked her brother to help her find a buyer and promised him $50,000 if he did. Adams accepted, despite the fact that his broker’s license had lapsed. The court spends some time discussing the Statute of Frauds and the concept of partial performance before concluding that, yes, listing agreements must be in writing to be enforceable. Adams does not get paid.
