ILNews

Opinions June 21, 2013

June 21, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Gasser Chair Company, Inc. v. Marlene J. Nordengreen, Horseshoe Hammond, LLC, d/b/a Horseshoe Casino
45A03-1210-CT-435
Civil tort. Affirms summary judgment for Horseshoe Casino and denial of Gasser Chair Co.’s motion on Nordengreen’s claim that she was injured at the casino while using a chair Gasser manufactured. Gasser has not demonstrated Horseshoe had actual knowledge the chair was dangerous. Declines to hold a premises owner’s knowledge of a dangerous condition on its premises cannot be determined without first knowing the dangerous condition was the “sole proximate case” of an injury. Remands for the trial court to resolve the remaining issues raised in Horseshoe’s third-party complaint against Gasser.

Constance Anderson v. State of Indiana

02A03-1211-CR-495
Criminal. Affirms sentence for two counts of Class D felony criminal mischief and five counts of Class A misdemeanor animal cruelty. Anderson has not demonstrated the trial court abused its discretion in its consideration of mitigating factors. Declines to revise the sentence under App. R. 7(B) as Anderson’s sentence cannot be said to be inappropriate in light of her character and the nature of her offense.

John M. Mayer, Jr., as Special Administrator of the Estate of Paige R. Winn, Deceased v. Michael. W. Davis

22A01-1212-CT-570
Civil tort. Affirms judgment reflecting $60,000 award in favor of Davis against Winn’s estate for injuries he sustained in an accident with Winn. Davis’ claim against Winn’s estate was not filed in a timely manner, and, as a result, Davis is barred from recovering any funds from the estate. Davis’ recovery is limited to funds recovered from Winn’s insurance carrier in the amount of Winn’s insurance liability policy limits. However, the trial court did not abuse its discretion in denying the motion to amend the judgment because the judgment is a valid judgment despite the fact that the excess judgment cannot be collected from Winn’s estate.

Mark A. Sheese v. State of Indiana (NFP)

84A01-1301-CR-18
Criminal. Affirms revocation of probation.

In the Matter of Minor Children Alleged to be in Need of Services, R.C. and J.C., Minor Children, D.S., Mother, and E.S., Stepfather v. Indiana Department of Child Services (NFP)
88A01-1211-JC-510
Juvenile. Affirms adjudication of children as children in need of services.

Kenneth Alexander v. State of Indiana (NFP)

10A01-1210-CR-492
Criminal. Affirms conviction and sentence for Class A felony burglary and adjudication as a habitual offender.

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

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT