ILNews

Opinions Oct. 31, 2011

October 31, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Thomas J. Ostrowski and Phyllis Ostrowski v. Everest Healthcare Indiana, Inc., d/b/a Merrillville Dialysis Center, and Family Mobile Medical Services, Inc.
45A03-1012-CT-645
Civil tort. Affirms jury verdict in favor of defendants Everest Healthcare Indiana and Family Mobile Medical Services on Thomas Ostrowski’s suit for negligence against the building owner and the EMT’s employer after he was injured by a door opening and hitting his hand. The trial court did not err in giving the sudden emergency instruction or in permitting the defendants’ expert witness to testify. The lay witness did not improperly testify as an expert witness.  

Lorenzo Surrisi, Individually and d/b/a City Tavern and Joette Surrisi, Individually and d/b/a City Tavern v. James D. Bremner
50A04-1102-MF-83
Mortgage foreclosure. Reverses trial court order that stated the Surrisis’ real and personal business property were sold at a sheriff’s sale to Bremner. The sheriff’s bill of sale which included the business personal property is faulty because according to the praecipe of the sale, notice of sale and tax documentation, only the real property was subject to the sheriff’s sale. Remands for vacation of the court order indicating the sale included the business personal property and for the trial court to determine the amount of compensation due to the Surrisis for the loss of their business personal property.

Luigi Amalfitano v. State of Indiana
48A02-1102-CR-243
Criminal. Affirms sentence following guilty plea to Class B felony criminal confinement, Class C felony battery with serious bodily injury, Class D felony exploitation of an endangered adult and Class D felonies financial exploitation of an endangered adult, theft, obtaining a prescription by fraud and possession of a controlled substance. The court didn’t abuse its discretion by finding Amalfitano’s criminal history and violation of a position of trust with the victim to be aggravators, and his sentence is not inappropriate given that he kept an elderly woman locked in a utility closet for six months so he could steal her benefits and prescription drugs.

Joseph Simmons v. State of Indiana
40A05-1101-CR-10
Criminal. Affirms conviction of and sentence for Class C felony operating a vehicle while intoxicated. Simmons’ conviction of Class C felony OWI does not constitute an ex post facto violation. There is sufficient evidence to support his conviction and his eight-year sentence is appropriate.

Terry C. Winslow v. State of Indiana (NFP)
49A02-1103-CR-257
Criminal. Affirms conviction of Class A misdemeanor intimidation.

Raymond Scebbi v. State of Indiana (NFP)
77A01-1103-CR-96
Criminal. Affirms conviction of Class C felony child solicitation.

S.W. v. State of Indiana (NFP)
49A04-1104-JV-190
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class C felony attempted robbery if committed by an adult.

Patrick Black v. State of Indiana (NFP)
82A04-1103-CR-175
Criminal. Affirms convictions of and sentence for various felony drug offenses and misdemeanors resisting law enforcement, false informing and battery.

Christopher D. Taylor v. State of Indiana (NFP)
71A03-1103-CR-163
Criminal. Affirms conviction of Class C felony operating a motor vehicle after driving privileges have been forfeited for life and the revocation of probation.

M.B. and M.F. v. Indiana Dept. of Child Services (NFP)
79A02-1104-JT-300
Juvenile. Affirms termination of parental rights.

1991 Investors Limited Partnership, an Indiana Limited Partnership, Pamela T. Hennessy, Joseph J. Hennessy, et al. v. Citizens Financial Services, FSB (NFP)
71A03-1105-MF-193
Mortgage foreclosure. Affirms personal judgment entered against the defendants 1991 Investors Limited Partnership and the Hennessys and the motion to correct error in a suit for failure to pay a loan.

Zachary Krachinski v. Cindy Schoof, Century 21 - 1st Team, Inc., Lon F. Terry, and Horizon Bank, N.A. (NFP)
46A03-1009-CC-498
Civil collection. Affirms summary judgment in favor of Schoof and Century 21 in Krachinski’s complaint alleging fraud and misrepresentation of property.

Tracey L. Routon v. State of Indiana (NFP)
34A04-1104-CR-209
Criminal. Affirms sentence for Class C felony conspiracy to commit possession of methamphetamine in excess of three grams.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to 14 cases and vacated transfer to one case for the week ending Oct. 28.


 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

ADVERTISEMENT