Opinions Sept. 7, 2010

September 7, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
David Hatter, et al. v. Pierce Manufacturing, Inc.
Civil. Affirms jury trial and verdict in favor of Pierce Manufacturing in the Hatters’ product liability action. Hatter failed to exhaust one of his peremptory challenges and has not shown both of his challenges for cause were improperly denied. The trial court did not abuse its discretion in the giving of jury instructions or in excluding evidence and did not err by denying Hatter’s partial motion for judgment on the evidence.

Rod L. Avery and Marshall K. Avery v. Trina R. Avery
Civil plenary. Affirms default judgment entered against Rod and Marshall Avery in a will contest initiated by Trina Avery. Holds that a will contest is a civil action and that a defendant in a will contest is required to file an answer or otherwise plead to a complaint as provided in the trial rules.

Jeff Koehlinger, et al. v. State Lottery Commission of Indiana
Civil tort. Affirms denial of summary judgment to the lottery on its claim that appellants had failed to exhaust their administrative remedies. Affirms summary judgment for the lottery on the appellants’ tort, Deceptive Consumer Sales Act, and quasi-contractual claims. Reverses summary judgment on the contract rescission claim and remands for trial on the issue of detrimental reliance. Judge Riley dissents in part.

Larry Rodts v. Heart City Automotive, Inc.
Civil tort. Affirms summary judgment for Heart City in Rodt’s breach of contract and wage payment claims. There are no genuine issues of material fact, Rodts’ oral contract is unenforceable, and his deferred compensation was not a wage.

Gregory Johnson v. State of Indiana
Criminal. Affirms conviction of Class C misdemeanor refusal to identify self. The state presented sufficient evidence to support the conviction.

Haneef S. Jackson-Bey v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Umarex Sportwaffen GMBH, et al. v. Toyriffic, LLC d/b/a (NFP)
Civil plenary. Affirms order setting aside default on Umarex and other plaintiffs’ claim against Toyriffic for trademark infringement, trademark dilution, false advertising and trade dress infringement, unfair competition, conversion, forgery, counterfeiting, and deception.

Theodore Ebeyer v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony possession of cocaine.

Mark Hendrickson, et al. v. Joseph Potetz, et al. (NFP)
Civil tort. Affirms summary judgment for Coinmach Holdings in a wrongful death complaint.

Phillip J. Camp v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Dewan D. Burnett v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

John Chupp v. State of Indiana (NFP)
Post conviction. Affirms in part and reverses in part denial of petition for post-conviction relief. Remands to the post-conviction court the issue of Chupp’s robbery conviction and directs the court to enter judgment of conviction as a Class C felony and sentence accordingly.

James D. Schregardus v. OH Retail, LL, LLC (NFP)
Civil plenary. Dismisses Schregardus’ appeal for lack of subject matter jurisdiction. Declines to award damages under Appellate Rule 66(E).

Salaheddin A. Alfaqeer d/b/a Tobacco Zone v. LOR Corp. (NFP)
Civil collection. Reverses denial of Alfaqeer’s motion to set aside judgment. Remands for further proceedings.

Term. of Parent-Child Rel. of D.M.; A.M. v. I.D.C.S. and Child Advocates (NFP)
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted 3 transfers and denied transfer to 18 cases for the week ending Sept. 3.


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

  2. 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.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...