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Opinions March 3, 2016

March 3, 2016

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Larry Myers and Loa Myers v. Crouse-Hinds Division of Cooper Industries Inc. and Lorillard Tobacco Company and Hollingsworth & Vose, 49S00-1502-MI-119; General Electric Company v. Mary R Geyman, on her own behalf and on behalf of the state of Raymond Geyman, 49S00-1501-MI-35; Owens-Illinois Inc. v. Mary R Geyman, on her own behalf and on behalf of the state of Raymond Geyman, 49S00-1501-MI-36
Miscellaneous. Says Indiana Product of Liability Act statute of repose does not apply in cases where there is prolonged exposure of harmful substances such as asbestos. Chief Justice Rush and Justice Massa dissent.

Thursday’s opinions

Indiana Supreme Court
Newland McElfresh v State of Indiana
32S01-1511-CR-667.
Criminal. Affirms Class D felony attempted obstruction of justice charge, holding that McElfresh committed each element of the charge and it does not matter whether the statements he made in a letter to the victim's mother were true.

Indiana Court of Appeals
Caterpillar Inc. v. William Sudlow
79A02-1507-CT-801
Civil tort. Reverses and remands summary judgment for William Sudlow in favor of Caterpillar Inc. after it found Sudlow is not entitled to relief under statute or common law. Sudlow was a Caterpillar employee who was fired after another employee observed a partially visible gun in his vehicle in the Caterpillar parking lot.

In the Term. of the Parent-Child Relationship of: Z.S. (Minor Child) and M.S. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)
49A02-1507-JT-951
Juvenile. Affirms termination of parental rights.  

Gordon Childress v. State of Indiana (mem. dec.)
49A02-1506-CR-720
Criminal. Reverses sentencing order in case of man convicted of Class A misdemeanor theft, finding the trial court lacked jurisdiction to issue the amended sentencing order.
 
Mark Kramer v. Thomas Kramer (mem. dec.)
71A03-1507-PL-862
Civil plenary. Affirms damages of $372,799.83 after Mark Kramer committed breaches of an operating agreement.

Elaine Adams v. Heather Stavropoulos (mem. dec.)
71A04-1507-SC-867
Small claim. Affirms $3,286.26 judgment for breach of warranties against Elaine Adams.

Kenneth W. Gibbs v. Wendy Knight, Lieutenant B. St. John, Mr. Helming, and Robert Fox (mem. dec.)
48A04-1510-SC-1613
Small claim. Affirms dismissal of two small claims complaints filed by inmate Kenneth Gibbs.
 

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