Feb. 20, 2026

Indiana Court of Appeals
Carla Miller v. Indiana Gas Company, Inc.
No. 25A-CT-866

Civil. Appeal from the Clark Circuit Court, Magistrate William A. Dawkins. Affirms the trial court’s grant of summary judgment in favor of Indiana Gas Company on Miller’s product liability claim arising from a 2019 natural gas explosion that destroyed a neighboring home and injured Miller. Holds the trial court did not abuse its discretion in considering the Indiana Utility Regulatory Commission’s Final Incident Report and accompanying affidavits, concluding the report was not hearsay because it contained the findings of its authors, who personally observed the investigation, and was properly authenticated. Further holds there was no genuine issue of material fact that the natural gas was properly odorized under 49 C.F.R. § 192.625, where undisputed odorator readings taken near the residence were well within the federal 1% detection threshold and Miller’s designated evidence that occupants did not smell gas did not establish a regulatory violation or defect under the Indiana Product Liability Act. Concludes Miller failed to designate evidence that odor fade was implicated or that Indiana Gas had a duty to warn of it — particularly where the service lines had been in use for years and no regulation required such a warning — and therefore Indiana Gas was entitled to judgment as a matter of law. Appellant’s attorneys: Ashton Rose Smith; Emily A. DeVuono. Appellee’s attorneys: Thomas J. Costakis; Libby Yin Goodknight; Hilary K. Leighty; Blake P. Holler.

Indiana Court of Appeals
Gregory D. Smith Jr. v. State of Indiana
No. 25A-CR-1764

Criminal. Appeal from the Tippecanoe Superior Court, Judge Steven P. Meyer. Affirms Smith’s conviction for Level 3 felony rape, reverses his conviction for Level 6 felony criminal confinement and remands with instructions to vacate that conviction and sentence. Holds the State presented sufficient evidence that Smith compelled the victim by force or imminent threat of force, where Smith threatened to hit the victim shortly before the assault, was significantly larger than the victim, pulled him down by his shirt when he tried to leave, and the victim testified he feared being attacked and felt unable to escape. Further holds Smith’s convictions for rape and criminal confinement violate Indiana’s prohibition against substantive double jeopardy, concluding the facts presented at trial showed a single continuous transaction and the State failed to rebut the presumption that the confinement was factually included in the rape as charged. Accordingly, the panel reverses the confinement conviction, the lesser offense. Appellant’s attorney: Bruce W. Graham. Appellee’s attorney: Office of the Indiana Attorney General.

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