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Opinions Aug. 10, 2011

August 10, 2011
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7th Circuit Court of Appeals
Gregory K. Weatherbee v. Michael J. Astrue, Commissioner of the Social Security Administration
10-3736
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Civil. Affirms denial of application for Social Security disability insurance benefits and supplemental security income payments after plaintiff suffered serious injuries in a motorcycle crash. The decision to deny his application was supported by substantial evidence.

Indiana Supreme Court
Howard Regional Health System, et al. v. Jacob Gordon, b/n/f Lisa Gordon
34S02-1009-CV-476
Civil. Reverses partial summary judgment for the Gordons, who sought a finding of liability against the hospital for the count alleging third-party spoliation, separate from their Medical Malpractice claim. The Supreme Court declines to recognize that count as representing a separate cause of action, so the hospital is entitled to summary judgment on that count. Justice Dickson concurs in result.
 

Indiana Court of Appeals
Raymond Flores v. Juan P. Rocha Gutierrez
45A04-1101-CT-28
Civil tort. Affirms denial of motion to correct error; the admission of certain evidence, including a photograph of property damage and Flores’ claim for workers’ compensation benefits relating to a subsequent fall; and the exclusion of certain medical records of Flores. The jury’s determination that Flores was entitled to zero damages arising out of his accident with Gutierrez is not outside the bounds of evidence.

Thomas Kornelik v. Mittal Steel USA, Inc., et al.
45A03-1011-CT-583
Civil tort. Reverses the trial court’s decision to not reduce Kornelik’s lien arising under the Indiana Worker’s Compensation Act by attorney fees and pro rata costs, but affirms the refusal to reduce the lien in the same proportion that Kornelik’s full recovery was reduced. Based on the circumstances of the case, Lafarge, Kornelik’s employer, was not fully protected, so the trial court did not err in failing to reduce the lien in the same proportion that his full recovery was reduced. Remands with instructions for the trial court to reduce the lien by attorney fees and a pro rata share of the costs.

Thomas R. Crowel v. Marshall County Drainage Board
50A03-1011-MI-606
Miscellaneous. Reverses the denial of Crowel’s petition for judicial review. The trial court erred in concluding that the drainage board’s decision was not arbitrary, capricious, unlawful, or unsupported by substantial evidence. The additional drainage of surface water naturally flowing off of Crowel’s land and burdening the lower-lying parcels does not constitute a benefit to Crowel’s land supporting the drainage board’s assessment. Remands with instructions. Judge Vaidik dissents.

Jose Lozano v. State of Indiana (NFP)
49A02-1010-CR-1129
Criminal. Affirms denial of motion to suppress pretrial identification evidence drawn from an allegedly impermissibly suggestive photo array and the trial court ruling that a hearsay statement concerning an unnamed third party’s purported confession to the crimes with which Lozano has been charged was inadmissible.

Freddie McKnight v. Curtis T. Hill, Jr., et al. (NFP)
20A03-1005-CT-277
Civil tort. Affirms that Hill and Wargo are entitled to absolute immunity for McKnight’s negligence claim and McKnight’s federal constitutional claims are barred by the doctrine of res judicata.

R.J.C. v. State of Indiana (NFP)
28A01-1102-JV-69
Juvenile. Affirms dispositional order placing R.J.C. with the Indiana Department of Correction.

Christopher Richmond v. State of Indiana (NFP)
45A04-1101-CR-9
Criminal. Affirms sentence for Class D felony theft.

Yasmin Wilson v. State of Indiana (NFP)
49A05-1012-CR-761
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Javier Soto v. Monaco Coach Corp. (NFP)
93A02-1102-EX-204
Agency appeal. Reverses in part the denial of Soto’s application for adjustment of claim. Remands to the Full Worker’s Compensation Board of Indiana to vacate paragraph 27 of the hearing member’s decision, as adopted by the board, and any other portions of the decision related to the issue of Soto’s permanent and total disability. Permits the parties to present evidence and argument on this issue at a further hearing.

Tradell Marzette v. State of Indiana (NFP)
79A04-1004-CR-346
Criminal. Affirms convictions of and sentences for Class B felony conspiracy to commit robbery and four counts of Class B felony criminal confinement. Remands with instructions to vacate his conviction and sentence for Class B felony attempted robbery.

D.R., Alleged to be C.H.I.N.S.; J.R. v. I.D.C.S. & Child Advocates (NFP)
49A02-1012-JC-1450
Juvenile. Affirms determination that D.R. is a child in need of services.

Indiana Tax Court had posted no opinions at IL deadline.





 
 

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  1. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  2. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  3. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  4. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  5. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

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