April 8, 2026

Indiana Supreme Court
Regina Geels v. Lindsay Flottemesch, Mackenzi Hatfield, and Stephanie Malinowski as Guardian for Marley Malinowski
No. 25S-PL-225

Civil. Appeal from the Allen Superior Court, Judge David J. Avery. Affirms the trial court’s imposition of a constructive trust over life-insurance proceeds in favor of the decedent’s daughters. Holds the defendant waived her Employee Retirement Income Security Act (ERISA)-preemption defense by failing to raise it at the trial-court level and could not rely on a co-defendant’s assertion of the defense or the parties’ stipulation that ERISA governed the policies; the court further concludes the trial court did not clearly err in finding a fiduciary relationship and breach of fiduciary duty, supporting imposition of a constructive trust under a clear-and-convincing-evidence standard. Justice Goff authored the opinion. Chief Justice Rush and Justice Massa and Justice Molter concur. Justice Slaughter dissents, stating he would deny transfer and allow the Court of Appeals’ decision to stand. Appellant’s attorney: Robert J. Palmer, May Oberfell Lorber, LLP, Mishawaka, Indiana. Appellees’ attorneys: Nathan S.J. Williams, Shannon K. Connors, Shambaugh Kast Beck & Williams, LLP, Fort Wayne, Indiana.

Indiana Supreme Court
Yerano Martinez and Jessica Martinez v. Jeffrey Smith, et al.
No. 26S-CT-112

Civil. Appeal from the Marion Superior Court, Judge John M.T. Chavis II. Reverses the trial court’s grant of summary judgment for the landowner. Holds that under Reece v. Tyson Fresh Meats, Inc., a landowner’s common-law duty to motorists on adjacent highways includes preventing hazardous conditions that obstruct traffic-control devices within the public right-of-way, not just the paved roadway. Concludes that because the overgrown bush extended into the right-of-way and obstructed a stop sign, it was not “wholly contained” on the landowner’s property, and thus a duty existed. Further concludes the landowner failed to establish the absence of a genuine issue of material fact, making summary judgment improper. Justice Goff authored the opinion. Chief Justice Rush and Justice Massa concur. Justice Molter concurs with separate opinion, joined in part by Chief Justice Rush. Justice Slaughter dissents, arguing the Court improperly departs from Reece’s bright-line rule by extending a landowner’s duty beyond hazards that intrude onto the traveled roadway. He contends the majority relies on inapposite case law, dictionary definitions and statutes rather than grounding its analysis in Reece and its underlying precedent, which limited duty to conditions affecting the roadway itself. Concluding the bush did not extend onto the roadway, he would affirm summary judgment for the landowner or deny transfer. Attorneys for appellants: Scott A. Faultless, Sidney M. Lewellen, William E. Beck, Craig Kelley & Faultless LLC, Indianapolis, Indiana. Attorney for appellee: Sheila M. Sullivan, Flynn & Sullivan PC, Indianapolis, Indiana.

Indiana Court of Appeals
City of Indianapolis v. Jacki Alexander and The Estate of Charles Michael Alexander
No. 25A-CT-177

Civil. Appeal from the Marion Superior Court, Judge Patrick J. Dietrick. Affirms the judgment entered on a jury verdict in favor of the Alexanders. Holds the City is not entitled to law enforcement immunity under the Indiana Tort Claims Act because such immunity does not shield liability for breach of the statutory duty to operate emergency vehicles with due regard for the safety of all persons, and concludes sufficient evidence supports the jury’s finding that IMPD breached that duty by initiating, continuing and failing to terminate a high-speed pursuit under dangerous circumstances. Further concludes the evidence — including testimony, videos and expert opinion — supported that IMPD’s conduct was a responsible cause of the crash that resulted in Charles Alexander’s death and Jacki Alexander’s injuries. Judge Pyle authored the opinion. Judges Vaidik and Mathias concur. Appellant’s attorney: Mathew M. Rayman, Office of Corporation Counsel, Indianapolis, Indiana. Appellee’s attorney: Rachel A. East, Hocker Law, LLC, Indianapolis, Indiana.

Indiana Court of Appeals
Coby Maxwell v. Cori Sparrow, M & B Maxwell Farm, Inc., and Cori Sparrow, as Personal Representative of the Estate of Marlene Maxwell
No. 25A-CE-2947

Civil. Appeal from the Morgan Superior Court, Judge Dakota VanLeeuwen. Reverses the trial court’s order and remands with instructions. Holds the defendants waived their right to object to assignment of the case to the Commercial Court Docket under Commercial Court Rule 4 by failing to timely file Notices of Refusal within 30 days, and the trial court erred by allowing untimely filings and denying transfer; the court further concludes the rules require transfer of the case to a commercial court despite originating in a non-commercial-court county and directs transfer to the closest geographical commercial court, in Marion County. Judge Vaidik authored the opinion. Judges Bailey and Scheele concur. Appellant’s attorneys: Benjamin A. Spandau, DeAnn L. Farthing, Madison Cibulka, Mason H. Hiatt, Robinson Farthing Spandau Williams, Indianapolis, Indiana. Appellee’s attorneys: Christopher C. Hagenow, Samuel H. Young, Tuohy Bailey & Moore LLP, Indianapolis, Indiana.