Opinions Dec. 12, 2014

December 12, 2014
KEYWORDS Opinions / neglect

Indiana Court of Appeals
Central Mutual Insurance Company v. Motorists Mutual Insurance Company
Civil tort. Affirms on interlocutory appeal the trial court order denying Central’s motion for partial summary judgment and granting Motorists’ motion for partial summary judgment. The trial court did not err in finding that Central provided primary coverage to a truck driver injured in a crash and that the Motorists policy provided excess coverage only when the limits of the Central policy had been reached.

Thomas Birge v. State of Indiana (NFP)
Criminal. Majority judges Margret Robb and James Kirsch affirm conviction of Class A misdemeanor battery. Dissenting Judge John Baker would reverse the conviction, finding Birge was entitled to use reasonable force to defend his property under the defense of property statute, I.C. § 35-41-3-2(d)-(e).

Jeremy K. Blue v. State of Indiana (NFP)
Criminal. Affirms convictions and aggregate 80-year sentence for murder and Class B felony robbery.

Jerry Horton v. State of Indiana (NFP)
Criminal. Dismisses as moot an appeal challenging revocation of probation.