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Opinions Nov. 5, 2014

November 5, 2014

Indiana Court of Appeals
Erie Insurance Exchange v. Troy Sams and Teresa Sams
44A03-1403-CT-97
Civil tort. Affirms judgment ordering Erie Insurance to pay the Samses $63,924.89 for losses they suffered after a storm damaged their home. The trial court did not err in finding the policy covered the storm damage to the home and the judgment amount was not clearly erroneous.

Randall Manson v. Mark L. Keglovits
49A02-1403-CT-145
Civil tort. On interlocutory appeal, affirms rulings that the law of South Dakota is applicable in the case and that Manson is not entitled to summary judgment with respect to his alleged contributory negligence.  The accident occurred in South Dakota and the judges are unable to conclude as a matter of law that Manson was not contributorily negligent under the law of that state.  

Garland W. Thomeson v. State of Indiana (NFP)
79A04-1403-PC-106
Post conviction. Affirms denial of petition for post-conviction relief.

Kieon Smith v. State of Indiana (NFP)
49A05-1402-CR-74
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

David Johnson and Ieva S. Johnson and Eva G. Sanders and Joseph K. and Michelle Yeary v. Indiana Department of Environmental Management and Town of Whitestown (NFP)
06A05-1310-PL-506
Civil plenary.  Grants rehearing and affirms the dismissal of the appellants’ petition for judicial review. Judge Riley would deny rehearing.

Casey Riggins v. State of Indiana (NFP)
49A02-1404-CR-252
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangered a person.
 

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