Opinions Sept. 14, 2018

Keywords Opinions

The following 7th Circuit Court opinion was posted after Indiana lawyer deadline Thursday.
Gregory Aregood, Jr. v. Givaudan Flavors Corporation
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms and reverses in part, remands for proceedings. Affirms the District Court for the Southern District of Indiana’s grant of summary judgment to Givaudan Flavors Corp. on its employees’ claims, except for failure to warn. Reverses the grant of summary judgment on the employees’ duty to warn claim based on the sophisticated intermediary doctrine. Remands for proceedings on the duty to warn claim.

Indiana Court of Appeals
Cindy and Ron Glon v. Memorial Hospital of South Bend, Inc. and/or its Employees and agents
Civil tort. Affirms the St. Joseph Superior Court’s grant of summary judgment in favor of Memorial Hospital of South Bend, Inc. Finds the trial court correctly concluded that the doctrine of res ipsa loquitur did not apply to the facts of Cindy and Ron Glon’s case. Also finds there is no genuine issue of material fact on the issues of breach of the applicable standard of care and causation. Judge Terry Crone dissents with a separate opinion.

Chad Thomas Burnell v. State of Indiana
Criminal. Affirms Chad Thomas Burnell’s conviction of operating a vehicle while intoxicated as a Class A misdemeanor and operating a vehicle with an alcohol concentration of .08 or more as a Class C misdemeanor, and his adjudication as a habitual vehicular substance offender, elevating the Class A misdemeanor to a Level 6 felony. Burnell failed to demonstrate ineffective assistance of counsel.

Rodney G. Patterson v. State of Indiana
Criminal. Affirms Rodney Patterson’s conviction of Level 1 felony attempted murder and Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds Patterson guilty but mentally ill after his pursuit of an insanity defense. Also finds Patterson was not deprived of due process because of the a challenged instruction.
Jermaine Doushion Munn, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Jermain Munn Jr.’s conviction of murder. Finds Munn committed murder while a member of a criminal gang. Finds there is sufficient evidence to support Munn’s murder conviction and the criminal gang enhancement.

Kurt Brenneman v. Lisa K. Brenneman, et al. (mem. dec.)
Domestic relation. Affirms the Tippecanoe Circuit Court’s order modifying Kurt Brenneman’s child-support obligation. Finds Brenneman owes $2,551 in child support. Concludes there is sufficient evidence that he failed to meet his obligation to support his children.

Tricia Dennis v. R&M Construction, Inc. and the Lakes of the Four Seasons Property Owners Association, Inc. (mem. dec.)
Civil tort. Affirms the Porter Superior Court’s denial of Tricia Dennis’ request to bring the Lakes of the Four Seasons Property Owners Association back into a lawsuit. Finds the trial court did not abuse its discretion when it denied Dennis’ request.

Michael Francis, et al. v. Accubanc Mortgage Corporation (mem. dec.)
Civil tort. Affirms the Marion Superior Court’s denial of Michael and Carmen Francis’ motions to correct error after the Francises asserted they had newly discovered evidence pertinent to their complaint to quiet title. Finds the trial court did not abuse its discretion in denying the motion to correct error.

Daniel Mason v. State of Indiana (mem. dec.)
Criminal. Affirms Daniel Mason’s 8½-year sentence for conviction of Level 6 felony operating a vehicle while intoxicated and status as a habitual offender. Finds there is sufficient evidence to support the conviction and sentence, but remands for the trial court to fix the order and abstract of judgment to include that Mason is a habitual vehicular substance offender.

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