Opinions Sept. 19, 2014

September 19, 2014

Indiana Court of Appeals
City of Mitchell v. Randy Phelix
Civil plenary. Reverses denial of its complaint for a declaratory judgment related to former Mitchell city policeman Randy Phelix’s claim for medical expenses due to disabilities resulting from dismantling methamphetamine labs. The appeals court held that the trial court erred when it ruled that Phelix was entitled to have the city pay his medical bills under I.C. 36-8-4-5 despite the worker’s compensation carrier’s denial of his claim.

JDN Properties, LLC v. Vanmeter Enterprises, Inc.
Civil plenary. Reverses trial court’s decision to grant summary judgment in favor of VanMeter Enterprises, Inc. Finds JDN has evidence to support a claim against VanMeter under Indiana’s Environmental Legal Actions statute. Rules the designated evidence that JDN Properties has presented creates genuine issues of material fact as to whether VanMeter caused or contributed to the petroleum contamination. But rejects JDN’s claim for summary judgment and remands for further proceedings.

In the Matter of the Termination of the Parent-Child Relationship of: K.C. & K.G. (minor children), and R.G. (mother) & T.G. (father) v. Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of parental rights.