The following opinion was posted after IL deadline Wednesday.
Indiana Supreme Court
TRW Vehicle Safety Systems, Inc., and Ford Motor Company v. Sally J. Moore, personal representative of the estate of Daniel A. Moore, deceased
Civil. Reverses allocation of fault to Daniel Moore, Ford Motor Co., nonparty Goodyear Tire, and TRW Vehicle Safety Systems in a wrongful death suit. Reverses judgment of $1.25 million entered against TRW, reverses determination of total damages and remands for retrial to allocate 100 percent of the fault between Moore and Ford and re-determine the total damages subject to fault allocations unless the estate accepts remittitur as specified.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Town of Culver Board of Zoning Appeals v. Roderick J. Ratcliff and Pamela A. Ratcliff
Miscellaneous. Affirms judgment in favor of the Ratcliffs on their petition for writ of certiorari from an adverse decision of the Board of Zoning Appeals. The storage sheds on a landscaped gravel lot supplied with electricity aren’t considered “structures” within the definition of Culver’s zoning ordinances.
Claudette Gee v. Green Tree Servicing, LLC
Mortgage foreclosure. Affirms denial of Gee’s motion to set aside the sheriff’s sale of her property. The sheriff complied with Indiana Code Section 32-29-7-3(e)’s requirement that notices of the sale be posted “at the door of the courthouse” when the notice was posted at the temporary court offices instead of the permanent courthouse, which was under renovation.
D.C. v. State of Indiana
Juvenile. Affirms the juvenile court didn’t abuse its discretion in ordering a commitment to the Department of Correction. Reverses order of both a determinate and indeterminate commitment. Because I.C. Section 31-37-19-10 is applicable to D.C., he is subject to a determinate commitment of up to 2 years in an authorized facility. Remands to issue a new dispositional order.
In the Matter of the Adoption of K.F. and T.F.; B.F. v. L.F.
Adoption. Affirms grant of stepmother L.F.’s petition for adoption of B.F.’s minor children. The evidence is sufficient to show mother had the ability to pay child support but did not, and that she is unfit to be a parent.
M.R., M.R., F.R., and K.R., Alleged to be CHINS; F.T. v. IDCS and Child Advocates
Juvenile. Vacates parental participation decree with regard to the alleged father of one of the children and remands for further proceedings. F.T.’s paternity of F.R. has never been established and certain procedural prerequisites for a parental participation decree weren’t followed.
Term. of Parent-Child Rel of J.P., et al; A.P. and A.P. v. I.D.C.S. and Child Advocates (NFP)
Juvenile. Affirms termination of parental rights.
Lisa A. Fowler v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to possession of cocaine within 1,000 feet of a youth program center as a Class B felony.
Jarrod S. Snyder v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and order Snyder serve the entire suspended portion of his sentence.
Mark Thomas v. State of Indiana (NFP)
Criminal. Affirms sentence for Class C felony burglary, Class D felony attempted theft, Class B misdemeanor criminal mischief, and determination Thomas is a habitual offender.
Timothy Williams v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony attempted robbery, Class C felony battery, and Class A misdemeanor carrying a handgun without a license.
Phyllis A. Merriweather v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Indiana Tax Court had posted no opinions at IL deadline.