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Opinions Feb. 4, 2016

February 4, 2016

The following 7th Circuit Court of Appeals decision was posted after IL deadline Wednesday:
Kyle Carson v. ALL Erection & Crane Rental Corp.
14-3243
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms summary judgment for ALL Erection & Crane on Carson’s negligence lawsuit after he was severely injured by a crane leased from ALL Erection to his employer, White Construction. Agrees with district court that even if defendant ALL breached its duty by failing to inspect the travel detent mechanism before delivery, Carson failed to offer evidence that would allow a reasonable jury to find that ALL’s alleged breach was a proximate cause of his injury.

Thursday’s opinions
Indiana Court of Appeals
State of Indiana v. Chad T. Mooney, Brittany McCool

82A04-1505-CR-266
Criminal. Affirms denial of the state’s motions for relief from judgment regarding the trial court’s orders permitting Mooney and McCool’s driving privileges to be reinstated without proof of future financial responsibility. The state has not established prima facie error in the trial court’s denial of its motions for relief from judgment.

Landon T. Harbert and Malcolm M. Smith v. State of Indiana
79A02-1412-CR-874
Criminal. Affirms Harbert’s Class B felony robbery conviction and 20-year sentence imposed. Affirms Smith’s convictions of two counts of Class B felony robbery. There is a wealth of circumstantial evidence indicating that Harbert and Smith were the individuals who committed the robbery. Rejects other arguments raised by defendants.

In Re: the Marriage of: Renita A. Marek and Edward Marek (mem. dec.)
45A03-1503-DR-93
Domestic relation. Reverses judgment equally dividing the marital property and remands for further proceedings. Judge Pyle dissents with opinion.

Jeffrey T. Boring v. Lisa K. Boring (mem. dec.)
34A02-1507-DR-875
Domestic relation. Affirms division of marital assets.

In the Matter of the Termination of the Parent-Child Relationship of: C.P. & M.P. (Minor Children) and S.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
65A01-1508-JT-1177
Juvenile. Affirms termination of parental rights.

Kulwinder Kaur v. Hardev S. Bal (mem. dec.)
49A02-1409-DR-658
Domestic relation. Affirms in part and reverses in part division of marital assets. Remands for further proceedings.

Michael C. Feldhake v. Meryle Lowe (Feldhake) (mem. dec.)
49A02-1509-DR-1332
Domestic relation. Affirms judgment finding Lowe complied with the trial court’s previous orders to pay Feldhake $1,200 and and additional $750 in attorney fees.

 

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