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Opinions July 19, 2010

July 19, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Isaac Florian and Jeffrey Florian, as limited guardian of Isaac, an adult. v. GATX Rail Corporation
91A04-1002-PL-77
Civil plenary. Affirms summary judgment in favor of GATX Rail Corp. in Issac Florian’s negligence claim after he drove into a GATX tank car that didn’t have retro-reflective sheeting. GATX was in compliance with either retro-reflective implementation schedule even though the train car in question didn’t have sheeting yet. Florian’s common-law negligence claim is preempted by federal regulations set forth in 49.C.F.R. part 224.

A.H. v. State of Indiana
37A04-1002-JV-50
Juvenile. Reverses adjudication A.H. committed what would be exploitation of an endangered adult as a Class A misdemeanor if committed by an adult. The state didn’t prove beyond a reasonable doubt that A.H. took advantage of Robert Barnhart’s mental and physical condition in securing loans and the State failed to prove that A.H.’s control over Barnhart’s property was unauthorized.

Remon Duke Phillips v. State of Indiana (NFP)
02A04-0912-CR-723
Criminal. Affirms convictions of Class D felonies strangulation and domestic battery.  

Larry H. Snyder v. State of Indiana (NFP)
02A05-1001-CR-138
Criminal. Affirms acceptance of guilty plea to Class B misdemeanor public intoxication.

Joseph Trammell v. State of Indiana
(NFP)
49A05-0912-CR-708
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

James Edward Price v. State of Indiana (NFP)
76A03-1001-CR-23
Criminal. Affirms sentence following guilty plea to Class A dealing in methamphetamine.

Term. of Parent-Child Rel. of E.L., et al.; M.B. v. I.D.C.S.
(NFP)
48A04-0912-JV-717
Juvenile. Affirms involuntary termination of parental rights.

Richard West v. State of Indiana (NFP)
49A04-0912-CR-680
Criminal. Affirms conviction of Class A misdemeanor battery.

Jeffery Rowe v. State of Indiana
(NFP)
46A03-0907-CR-344
Criminal. Affirms sentence on remand of an aggregate term of 70 years for Class A felonies robbery and burglary, and finding to be a habitual offender.

Olivia Vanbuskirk v. State of Indiana
(NFP)
49A02-0912-CR-1208
Criminal. Affirms conviction of Class A felony child molesting.

Shawn Christopher McWhorter v. State of Indiana (NFP)
73A01-0912-CR-573
Criminal. Affirms sentence following guilty plea to Class B felony criminal deviate conduct, and Class C felony robbery.

Andy C. Pitcher d/b/a Liberty Bell v. Berkley Risk Administrators Company, LLC., et al.
(NFP)
81A04-0908-CV-458
Civil. Affirms summary judgment for Berkley Risk Administrators Co. on Pitcher’s complaint alleging breach of contract.

Indiana Tax Court
Country Acres Limited Partnership v. Pleasant Township Assessor, and LaPorte County Assessor (NFP)
71T10-0903-TA-5
Tax. Affirms the Indiana Board of Tax Review didn’t err in rejecting an Indiana certified Level II assessor-appraiser’s use of an 11.35 percent capitalization rate. Reverses final determination of the market value-in-use of Country Acres’ complex and remands to the Indiana Board so it may instruct the appropriate assessing officials to assess the subject property consistent with the opinion.
 

The Indiana Supreme Court denied transfer to 22 cases for the week ending July 16.
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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