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Opinions Oct. 29, 2014

October 29, 2014
KEYWORDS Opinions / neglect

The following opinions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals

Marshall G. Welton v. Shani J. Anderson, et al.
13-3336
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Civil. Affirms dismissal of Welton’s claims of malicious prosecution, violations of the Fourth and 14th amendments and state law violations. Welton failed to state a predicate constitutional violation in support of his malicious prosecution claim and failed to show the requisite malice.

Indiana Supreme Court
Michael E. Lyons, Individually; Denita L. Lyons, Individually et. al. v. Richmond Community School Corporation D/B/A Richmond High School; Joe Spicer, et al.
89S04-1312-PL-788
Civil plenary.  Reverses grant of defendants’ motion for summary judgment on the Lyons’ lawsuit following their daughter’s death after choking on food at school. Material issues of fact remain as to whether the Lyonses complied with the Indiana Tort Claims Act notice requirements and their state law claims are not ripe for summary judgment. Remands for further proceedings.

Wednesday’s opinions
Indiana Court of Appeals

Tom Seeber v. General Fire and Casualty Company, Indiana Insurance Company, and Peerless Indemnity Insurance Company
53A01-1405-PL-208
Civil plenary. Affirms summary judgment in favor of the insurance companies on Seeber’s action claiming he was entitled to receive the replacement cost for a building that was a total loss after a fire instead of only the actual cash value of the building, which was approximately $138,000 less than the replacement cost.

Gary Lamb v. Mid Indiana Service Company, Inc., B2 Contractors, LLC, C&M Wrecking Inc., and C&M Trucking & Excavating Inc.
49A02-1404-CT-224
Civil tort. Reverses summary judgment in favor of Mid Indiana Service Co., the general contractor of a construction project on which Lamb was injured. There are genuine issues of material fact rendering the entry of summary judgment improper.

Robert A. Masters v. Leah Masters
02A04-1404-DR-178
Domestic relation. Reverses arbitrator’s order that husband pay $95,000 of wife’s attorney fees. The finding is clearly erroneous because it does not consider his ability to pay in light of his earnings, living expenses and valued assets, or in light of the other obligations the arbitrator imposed on husband. Rejects wife’s arguments on cross-appeal and denies both parties’ request for appellate attorney fees. Remands with instructions.

Joel McGee v. State of Indiana (NFP)
29A02-1406-CR-413  
Criminal. Affirms order revoking probation and reinstating 365 days of McGee’s previously suspended sentence.

Mauricio Reyes-Flores v. State of Indiana (NFP)
49A02-1404-CR-275
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Auto-Owners Insurance Company v. Edward Foster (NFP)
18A05-1403-PL-107
Civil plenary. Affirms judgment that Bill Gaddis Chrysler Dodge’s insurer, Auto-Owners Insurance Co., has a duty to defend and indemnify the dealership in a personal injury accident involving a car it owned.

Alvin Donald Grisby v. State of Indiana (NFP)
82A04-1402-CR-68
Criminal. Affirms conviction of Class B felony conspiracy to commit dealing in methamphetamine.

Brent Wroblewski and Gretchen Wroblewski v. Angelo G. Valle (NFP)
45A03-1404-CT-137
Civil tort. Affirms judgment entered on the jury’s verdict in favor of Valle on the Wroblewskis’ lawsuit against him alleging negligence and loss of consortium following an auto accident.

James M. Burton v. State of Indiana (NFP)
02A03-1403-CR-98
Criminal. Affirms convictions of two counts of Class A felony child molesting and 40-year aggregate sentence.

Jeremy J. Turner v. State of Indiana (NFP)

90A02-1403-CR-222
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.
 

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