Indiana Court of Appeals
Connie Yates, Rick Yates, Jason Tibbs, and Pauline Tibbs v. Levi Wayne Kemp
Civil tort. Reverses grant of partial summary judgment to Kemp on the Yateses’ and Tibbses’ claims for nuisance. Based on the plain language of I.C. 14-22-31.5-6 and its context in the act as a whole, Kemp is not shielded by section 6 from liability related to his neighbors’ nuisance claims arising from noise pollution. There is also a material fact as to whether Kemp has caused his neighbors to experience inconvenience, annoyance or discomfort.
Thomson, Inc., n/k/a Technicolor USA, Inc., Technicolor, Inc., and Technicolor Limited v. Continental Casualty Co.; Travelers Casualty & Surety Co. & Travelers Property Casualty Co. of Am., et al.
Civil plenary. Affirms summary judgment in favor of Continental as to whether its umbrella policy issued to Technicolor covers losses resulting from administrative agencies. Under California law, damages under the umbrella policy are limited to those as a result of courtroom litigation rather than administrative proceedings.
In Re: The Adoption of K.H.: S.H. (Mother) v. W.B. and B.B. (Guardians) (NFP)
Adoption. Affirms denial of motion to correct error, which challenged the adoption of K.H.
Toni Cox v. State of Indiana (NFP)
Criminal. Affirms conviction of disorderly conduct.
Hugh Z. Nelson v. Renee Burtin (NFP)
Domestic relation. Dismisses appeal of the disposition of the marital assets.
Andra Dossey v. State of Indiana (NFP)
Criminal. Affirms order Dossey serve his entire previously suspended sentence after his probation was revoked.
Steven Kamp v. State of Indiana (NFP)
Post conviction. Grants rehearing to clarify certain factual assertions made in the original opinion and reaffirms in all respects.