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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. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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