Opinions July 30, 2014

July 30, 2014
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Indiana Court of Appeals
Bartholomew County, Indiana v. Review Board of the Indiana Department of Workforce Development, and Robert L. Amos
Agency action. Affirms administrative law judge’s determination that Robert Amos was entitled to unemployment benefits after he was discharged for playfully shooting another participant with a nonlethal bullet after a training exercise. The review board did not err in finding that the merit board unevenly applied rules to the class of other officers who had playfully shot others in training exercises, Amos was not collaterally estopped from contesting the merit board determination that he was fired for cause, and the administrative law judge did not abuse discretion by denying the county’s request to submit the transcript of the merit board hearing as additional evidence.

Land Innovators Company, L.P., R.N. Thompson, Trinity Homes, Inc. and Trinity Homes, LLC d/b/a Beazer Homes v. Michael L. Bogan and Melody A. Bogan
Civil plenary. Affirms partial summary judgment to the Bogans against Trinity on liability as to claims of negligence, negligence per se, breach of contract, and breach of covenants. Also affirms partial summary judgment to the Bogans against Land Innovators and Thompson on liability as to claims of breach of covenants. In addition, affirms granting Trinity’s motion for judgment on the pleadings against the developers’ claim for indemnification. Reverses injunction for removal of the home. Rules the trial court’s decision without presentation of evidence or findings was improper.  

Selective Insurance Company of South Carolina and 500 Rangeline Road, LLC v. Erie Insurace Exchange, Welch & Wilson Properties, LLC d/b/a Hammons Storage, Allianz Global Risks U.S. Insurance Company
Civil plenary. Reverses grant of summary judgment to Erie Insurance Exchange and denial of appellants’ motion for partial summary judgment. Finds Rangeline is an additional insured under Erie’s policy in the underlying litigation. Robb dissents, agreeing with the trial court that the Additional Insured Endorsement did not provide coverage for Rangeline in the underlying litigation.

Rogelio Garcia v. Garau Germano Hanley & Pennington, P.C.

Civil plenary. Affirms grant of summary judgment in favor of Garau Germano Hanley & Pennington P.C. in a lawsuit alleging improper collection of attorney fees arising from a settlement in a medical malpractice representation. The panel found the firm’s fees were authorized under the contract and the manner in which fees were collected does not compel a conclusion that the firm recovered fees in excess of 15 percent as permitted by statute.

James E. Whitfield, M.D. and St. Joseph Primary Care, LLC v. Jerry Wren, Individually and As Personal Representative of The Wrongful Death Estate of Leslie Wren, et al.
Civil tort. Affirms denial of summary judgment for Whitfield and St. Joseph Primary Care, concluding the trial court did not err because it is clear that evidence relevant to the breach in the standard of care alleged was presented to the Medical Review Panel as required by the Medical Malpractice Act.

Micah D. Perryman v. State of Indiana
Post conviction. Affirms denial of post-conviction relief to an aggregate 50-year sentence for conviction of Class A felony possession of cocaine and Class A misdemeanor possession of marijuana. Perryman failed to meet his burden of establishing grounds for post-conviction relief by a preponderance of the evidence and the court did not err in denying his petition.

Duneland Properties, LLC, Duneland Sand, Inc., Duneland Sand Enterprises, LLC, Duneland Holdings, LLC, David Lasco and Lasco Family Trust v. Northern Indiana Public Service Company
Civil plenary. Affirms award of $245,858 for the cost of reconstructing power lines on a new easement after a prior easement was mined for sand, making servicing poles difficult. The trial court did not err when it allowed experts to testify to opinions based on inadmissible evidence, which the court held is allowed, provided it is the type reasonably relied upon by experts in the field.

In the Matter of the Termination of the Parent-Child Relationship of: S.E. (Minor Child), and R.K. (Mother) v. The Indiana Department of Child Services
Juvenile. Affirms termination of parental right, holding that the trial court did not err when it required mother R.K., who is deaf, to sign to an interpreter who then spoke her responses aloud. The evidence supports the trial court termination ruling, and R.K. was not denied due process when it required her to sign through an interpreter.

Frederick Bazeley, Jr., As Personal Representative of the Estate of Frederick T. Bazeley, III v. Robert Price and Sampson Fiberglass, Inc. (NFP)
Civil tort. Reverses trial court grant of summary judgment in favor of Robert Price and Sampson Fiberglass in Frederick Bazeley’s wrongful death suit. Remands for proceedings, holding there is a genuine issue of material fact regarding the cause of the fatal crash.

Northern Indiana Public Service Company v. Ruth A. Cranor (NFP)
Civil plenary. Affirms trial court order reinstating Ruth Cranor’s driving privileges.

Warren Parks v. State of Indiana (NFP)
Post conviction. Affirms denial of post-conviction relief.

Nicolas Duesler v. State of Indiana (NFP)
Criminal. Affirms aggregate 40-year sentence for conviction of four counts of Class B felony sexual misconduct with a minor.

In the Matter of the Termination of the Parent-Child Relationship of: A.W., (Minor Child), and J.W., (Mother) v. The Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Michelle Rose f/k/a Michelle Grabbe v. Jay D. Grabbe (NFP)
Domestic. Affirms grant of father’s petition for termination of child support. Remands to correct a scrivener’s error.  

Natosha L. Stillions v. State of Indiana (NFP)
Criminal. Affirms Class A misdemeanor conviction of theft.

Eric Barnett v. State of Indiana (NFP)
Post conviction. Affirms denial of post-conviction relief.

Angela M. Littrell v. State of Indiana (NFP)
Criminal. Affirms six-year sentence for conviction of Class C felony forgery.

Thomas J. Wiater v. State of Indiana (NFP)
Miscellaneous. Reverses denial of petition to expunge a Class A misdemeanor battery conviction. Because all the statutory requirements for expungement were met, the court was obligated to grant the petition.

Jeremy D. Jones v. State of Indiana (NFP)
Criminal. Affirms 10-year executed sentence for conviction of Class B felony child molesting.

In the Matter of the Finding of Contempt Against Tad Bohlsen During the Proceedings of Health and Hospital Corporation of Marion County v. Dickson Street Investments, LLC (NFP)
Civil plenary. Affirms finding of indirect contempt.

Travis L. Chizum v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony dealing methamphetamine and Class D felony convictions of possession of methamphetamine, possession of chemical reagents or precursors with intent to manufacture and maintaining a common nuisance.

The Indiana Supreme Court and Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.