Opinions July 20, 2011

July 20, 2011
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Marianne Jackson v. Thomas Trancik, M.D.
Civil collections. Reverses summary judgment to Dr. Trancik on his lawsuit to collect on a medical bill. The trial court abused its discretion in striking the affidavit of an expert witness designated by Jackson and that affidavit establishes an issue of material fact as to the amount she owes. Remand for further proceedings.

Wellpoint, Inc., et al. v. National Union Fire Ins., Co., et al.
Civil plenary. Reverses summary judgment for Twin City Fire Insurance Co. in Anthem’s action seeking defense and indemnification from its reinsurers. None of the subject policy provisions operate to exclude coverage in the manner Twin City proposes. Remands for further proceedings.

John R. Berry, IV v. State of Indiana
Criminal. Reverses conviction of Class A felony attempted murder. The trial court erred in rejecting Berry’s insanity defense. The evidence is undisputed at the time of the offense – Berry suffered from psychotic symptoms caused by his prolonged and severe alcohol abuse and he was unable to appreciate the wrongfulness of his conduct. Remands for further proceedings.

Paternity of A.C.; C.C. v. B.M. (NFP)
Domestic relation. Reverses grant of the petition of stepfather B.M. for custody of A.C. Remands for further proceedings.

R.W. v. Review Board (NFP)
Agency action. Affirms determination that R.W. was fired for just cause.

Thomas West v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Janet Barkes Trust, et al. v. Monica Stuckwisch, et al. (NFP)
Civil plenary. Reverses summary judgment for real estate agent Stuckwisch in a fraud action and remands for further proceedings.

James H. Higgason, III v. State of Indiana (NFP)
Criminal. Affirms denial of motion for jail credit time.

Indiana Tax Court had posted no opinions at IL deadline.


Sponsored by
Subscribe to Indiana Lawyer