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Opinions Nov. 17, 2017

November 17, 2017

Indiana Court of Appeals

Marvin Podemski v. Praxair, Inc. and Antibus Scales & Systems, Inc.
71A03-1608-CT-1927
Civil tort. Affirms the entry of summary judgment in favor of Praxair, Inc. and Antibus Scales & Systems, Inc. and the denial of Marvin Podemski’s motion to correct error. Finds the conditions presented by an air hose and the illumination of the area around the hose was known and obvious. Also finds Praxair and Antibus should not have expected that Podemski would not discover or fail to protect himself against the condition presented by the configuration of the air hose.


Francisco Perez, Jr., Individually, and by Laura Aguirre his natural guardian and next friend, and Laura Aguirre, Individually v. Michael Hu, M.D.; St. Catherine Hospital of East Chicago Indiana, Inc.
45A04-1701-CT-113
Civil tort. Reverses the grant of a directed verdict in favor of Dr. Michael Hu. Finds Laura Aguirre presented sufficient evidence that Hu did not convey adequate information to her regarding a significant risk of injury to her baby if she delivered vaginally rather than by C-section. Also finds the Lake Superior Court erroneously grated Hu’s motion for directed verdict on the issue of informed consent. Remands for further proceedings on the issue of informed consent.


David R. Scoggin v. Melony Scoggin-Sommers (mem. dec.)
31A05-1608-DR-2006
Domestic relation. Affirms and reverses in part the division of assets pursuant to the dissolution of David Scoggin’s marriage to Melony Scoggin-Sommers. Finds the Harrison Circuit Court erred by failing to include the personal property and Scoggin-Sommers’ life estate in the marital pot and by failing to include proper values for Scoggin’s interest in a Kentucky farm and for the marital residence. Remands with instructions to the trial court to include the correct values of the assets in the marital pot and distribute the assets in light of the amended assessment and its finding that Scoggin-Sommers rebutted the presumption in favor of equal division.


Paul E. Wilson v. State of Indiana (mem. dec.)
84A01-1703-CR-742
Criminal. Affirms Paul Wilson’s sentence to an aggregate term of 5 ½ years at the Department of Correction for his convictions of resisting law enforcement as a Class D felony, operating a vehicle while intoxicated as a Class A misdemeanor and failing to return to lawful detention as a Level 6 felony. Finds Wilson failed to meet his burden to prove his sentence is inappropriate in light of the nature of his offense and his character.


In re: The Paternity of M.B. (Minor Child), By Next Friend, Briana L. (Wedding) Murawski v. Seth Logan Boyd (mem. dec.)
90A04-1704-JP-942
Juvenile paternity. Affirms the denial of Briana Murawski’s motion to modify custody, parenting time and child support and the order for her to pay Seth Boyd’s attorney’s fees. Finds the Wells Circuit Court did not abuse its discretion in denying Murawski’s motion to modify parenting time or in ordering her to pay a portion of Boyd’s attorney’s fees.


Drew Thomas Majors v. State of Indiana (mem. dec.)
48A02-1705-CR-1171
Criminal. Affirms the revocation of Drew Thomas Majors’ probation and order that he serve his previously-suspended one-year sentence. Finds the Madison Circuit Court did not abuse its discretion in revoking Major’s probation or in ordering him to serve his entire suspended sentence.


Ronald E. Stewart v. State of Indiana (mem. dec.)
78A01-1703-CR-509
Criminal. Affirms and reverses in part Ronald Stewart’s convictions for two counts of Level 4 felony child molesting, finding that he is a repeat sexual offender, and his 32-year sentence. Finds there is sufficient evidence to sustain Stewart’s convictions. Remands with direction that one of Stewart’s six-year sentencing enhancements for being a repeat offender be vacated, reducing his total sentence to 26 years.

Phillip Brown v. State of Indiana (mem. dec.)
49A04-1703-CR-441
Criminal. Reverses the order for Phillip Brown to pay restitution to the victim of his conviction of Class B misdemeanor criminal mischief. Finds there was not sufficient evidence of the victim’s actual losses. Remands to the Marion Superior Court for a new restitution hearing.

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