Opinions Feb. 11, 2015

Keywords neglect / Opinions
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7th Circuit Court of Appeals
Howard Piltch, et al. v. Ford Motor Company, et al.
U.S. District court, Northern District of Indiana, South Bend Division. Judge James T. Moody.
Civil. Affirms summary judgment for Ford on the Piltches’ claim that their 2003 Mercury Mountaineer was defective because the airbags didn’t deploy in an accident. Without expert testimony provided by the Piltches, a jury would only be able to speculate as to the viability of their Indiana Products Liability Act claims.

Robert Lodholtz, as assignee of Pulliam Enterprises Inc. v. York Risk Services Group, Inc.
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Rudy Lozano.
Civil. Affirms grant of York Risk Service’s motion for judgment on the pleadings in Lodholtz’s negligence suit, in which it contended a claims adjuster owes no legal duty to the insured. The Indiana Court of Appeals has held that an insurance adjuster owes no legal duty to the insured and Lodholtz has failed to establish that the Indiana Supreme Court would disagree with that decision.

Indiana Court of Appeals
In the Matter of the Guardianship of N.R., N.R. v. Eva Willis and Charles Reagins, Peoples Bank, SB
Guardianship. Reverses approval of request for guardian fees, attorney fees and costs for N.R.’s former temporary guardians, with the money to come from N.R.’s estate. The excluded evidence, if credited, would make the award of fees and costs unreasonable. Remands with instructions that the court hear N.R.’s evidence and reconsider the fee petitions.

Jeffrey M. Miller and Cynthia S. Miller v. Kristine C. Danz
Civil plenary. Affirms summary judgment in favor of Danz on the Millers' complaint for damages resulting from defamation per se, defamation per quod, invasion of privacy – false light, tortious interference with a business relationship, intentional infliction of emotional distress and loss of consortium. Finds the fifth amended complaint naming Danz as a defendant was filed after the expiration of the statute of limitation applicable to the underlying complaints. Chief Judge Vaidik and Judge May concur in result in separate opinions.

Michael O. Hall v. Susan M. Hall

Domestic relation. Affirms division of property upon the marriage dissolution. The trial court’s conclusion that the postnuptial agreement is a valid and enforceable reconciliation agreement is not clearly erroneous.

Jason C. Burkett v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief.

Terry Sowell v. State of Indiana (mem. dec.)
Criminal. Affirms two convictions of Class A misdemeanor battery.

Daniel Cummings v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.

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