Opinions March 23, 2017

Keywords Opinions

Indiana Court of Appeals
John E. Warner, Jr.; Rick Clay; Sam Early; Brian Goeglein; Mike Campbell; Brad Wilson; and John Zimmerman v. Chauffeurs, Teamsters, and Helpers Local Union No. 414 and Speedway Redi Mix, Inc.
Civil plenary. Affirms in part and reverses in part. Affirms the trial court’s dismissal of drivers’ claim the union was receiving their dues in violation of Indiana’s right-to-work law and their associated claim of recovery of money had and received. The drivers’ claim based on the dues checkoffs is a claim over which Indiana courts have no jurisdiction. Finds the drivers’ claim that the union and employer have required them to remain members of the union in violation of the right-to-work law is a claim upon which relief can be granted. Remands for further proceedings.

Hoosier Mountain Bike Association, Inc., City of Indianapolis, and Indy Parks and Recreation v. Richard Kaler
Civil tort. Reverses the trial court’s denial of the city of Indianapolis and Indy Park and Recreation’s motion for summary judgment with respect to Richard Kaler’s claims of negligence after Kaler sustained injuries while riding on the city’s mountain bike trail at Town Run Trail Park. Finds there is no genuine issue of material fact that precludes the entry of summary judgment in the city’s favor on Kaler’s claim of premises liability. Also finds Kaler was contributorily negligent when riding the bike trail.

Bradly Paul Canter v. State of Indiana (mem. dec.)
Criminal. Affirms the Hendricks Superior Court’s imposition of the 730 days remaining in Bradley Paul Canter’s suspended sentence for his probation violation. Finds the type of review Canter requests is not available to challenge the sanction imposed following a probation violation.

Jabril Scruggs v. State of Indiana (mem. dec.)
Criminal. Affirms Jabril Scruggs’ conviction of Class B felony rape and sentence to 10 years’ incarceration, with four years suspended to probation and 10 years on the sex offender registry. Finds there is ample evidence that the intercourse was not consensual. Also finds the potential testimony from the belatedly disclosed defense witness was riddled with inadmissible hearsay and that the witness would not have been available to the state prior to his testifying.

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