In this post, we discuss Parsley v. MGA Family Group, Inc., which held that a grandmother as de facto guardian was not able to pursue a child wrongful death claim for the death of her grandson. After questioning whether the Indiana Court of Appeals reached the right decision, we examine what the procedure is in general to pursue a claim when a child’s custodian is killed alongside the child.
Indiana: What to Do When Discovering After the Statute of Limitations Expires That the Wrong Party Was Named?
This week we look at the decision in Webb v. City of Carmel and look to use of Trial Rule 15(C) for adding a new party after the statute of limitations has expired. We also discuss whether the court of appeals misapplied Indiana’s summary judgment standard in this case, wherein there is no mention whatsoever of the movants’ evidence, only a determination that the non-movant’s evidence was insufficient.