April 7, 2026

Indiana Court of Appeals
Justin Gordon and Kierston Cates v. Terex Corp., Terex USA LLC, Terex South Dakota Inc., Genie Industries Inc., and General Rental & Sales LLC
25A-CT-2275

Civil. Appeal from the Pike Circuit Court, Judge Evan C. Biesterveld. Affirms the trial court’s dismissal of appellants’ suit with prejudice, holding that their failure to timely submit required summonses meant the lawsuit was not properly commenced under Indiana Trial Rule 3. The court determined that appellants’ alleged right to voluntarily dismiss without prejudice was not applicable since they failed to meet the necessary requirements for adjudication. Judge Bradford authored the opinion. Judges Pyle and Kenworthy concur. Appellants’ attorneys: Jason E. Pepe, Patrick Daniel Law, Houston, Texas; Bradley P. Colborn, Colborn Law, Granger, Indiana. Appellee General Rental’s attorney: Robert R. Foos, Jr., Lewis Wagner & Trimble, Indianapolis. Appellees Terex’s attorneys: Kevin C. Schiferl, Maggie L. Smith, Jordan M. Slusher, FBT Gibbons, Indianapolis.

Indiana Court of Appeals
Christopher Riggs, et al. v. National Collegiate Athletic Association
25A-CT-571

Civil. Appeal from the Marion Superior Court, Judge Timothy W. Oakes. Affirms the trial court’s grant of summary judgment in favor of the NCAA. The court finds that the NCAA did not owe a general duty of protection to Christopher Riggs — who died in 2020 after developing Chronic Traumatic Encephalopathy — regarding repetitive head trauma sustained during his college football career at Texas A&M University in the 1960s, as there was no direct relationship or established reliance on the NCAA for protection. The court also concludes that the NCAA’s failure to implement additional safety measures did not increase Riggs’s risk of harm beyond what existed without its involvement. Judge Weissmann authored the opinion. Judge May concurs, and Judge Kenworthy concurs in part and dissents in part with a separate opinion. Judge Kenworthy agrees the NCAA did not assume duties, including the majority’s conclusions on foreseeability and public policy. However, the dissent finds that factual disputes remain about the relationship between the NCAA and Riggs. Because that relationship could determine whether a duty exists, the issue should be decided by a factfinder, not on summary judgment. Appellants’ attorneys: Robert T. Dassow, Tyler J. Zipes, Hovde Dassow + Deets LLC, Indianapolis. Appellee’s attorneys: Brian J. Paul, Patrick H. Reilly, J. Benjamin Broadhead, Faegre Drinker Biddle & Reath LLP, Indianapolis.

Indiana Court of Appeals
Gordon S. Nesbit Revocable Trust v. Robert Jason Hendrickson
25A-PL-2274

Civil. Appeal from the Monroe Circuit Court, Judge Geoffrey J. Bradley. Affirms the trial court’s judgment in favor of Hendrickson, finding the property line between the trust’s and Hendrickson’s parcels as delineated by Hendrickson’s surveyor. The trust’s arguments regarding acquiescence and establishment of the property line were inadequate to demonstrate any error by the trial court. Judge Bradford authored the opinion. Judges Pyle and Kenworthy concur. Appellant’s attorney: Larry D. Allen, Paganelli Law Group, Bloomington. Appellee’s attorney: Christine L. Bartlett, Ferguson Law, Bloomington.

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