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Opinions March 15, 2011

March 15, 2011
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Indiana Supreme Court
Debra L. Walker v. David M. Pullen
64S05-1101-CT-6
Civil tort. Reverses grant of Pullen’s motion to have a new trial and remands for the trial court to reinstate the original jury verdict of $10,070. The trial court judge only made general findings and not special findings as required by Indiana Trial Rule 59(J). Justice Dickson concurs in result.

Indiana Court of Appeals
Grange Mutual Casualty, et al. v. West Bend Mutual Ins., et al.
29A02-1008-PL-965
Civil plenary. Affirms in part and reverses in part summary judgment granted to West Bend Mutual. Finds that both policies were triggered – West Bend’s was triggered by the original fracturing of the storm drain pipe which resulted in immediate damage to the pipe and the subsequent flooding. Grange’s was triggered by the flood damage that occurred during its policy period. Remands for the trial court to apportion damages accordingly. Judge May dissents.

Jason W. Hall v. State of Indiana
25A05-1008-CR-534
Criminal. Affirms sentence following guilty plea to two counts of Class B felony burglary. Hall didn’t establish an abuse of the trial court’s sentencing discretion or that his sentence is inappropriate. He also wasn’t denied credit time to which he was entitled.

Lovetha Smitherman v. Kroger Limited Partnership I, et al. (NFP)
49A02-1008-PL-880
Civil plenary. Affirms grant of partial summary judgment to Kroger upon Smitherman’s claim for negligent hiring and retention.

Susan Ricketts v. Subaru of Indiana Automotive (NFP)
93A02-1008-EX-1030
Civil. Affirms order of the Worker’s Compensation Board on Ricketts’ claim for disability and medical benefits arising from a work related accident.

L.M. v. B.S., et al. (NFP)
71A03-1010-MI-514
Miscellaneous. Affirms order denying grandmother L.M.’s verified petition for grandparent visitation.

Term. of the Parent-Child Rel. of S.H.; R.H. v. I.D.C.S. (NFP)
36A01-1008-JT-418
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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