Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
Judith A. Dasilva v. Lisa Grahovac, Personal Representative for the Estate of James R. Morken
No. 26A-ES-12
Appeal from the Steuben Circuit Court, Judge Jeremy T. Musser. Judith A. Dasilva appeals the order granting judgment on the pleadings and denying her petition to determine heirship in the estate of James R. Morken. The court affirms the trial court’s ruling, concluding that Indiana Code section 29-1-2-8, regarding adopted children and intestate succession, does not allow Dasilva to inherit from both her natural and adoptive parents concurrently. Judge Foley authored the opinion, with Chief Judge Tavitas and Judge Weissmann concurring. Appellant’s attorney: Nathan S.J. Williams, Shambaugh Kast Beck & Williams LLP, Fort Wayne, Indiana. Appellee’s attorney: Thomas A. Hardin, Fort Wayne, Indiana.
Indiana Court of Appeals
John H. Murphy v. The City of South Bend
No. 26A-CT-94
Appeal from the St. Joseph Circuit Court, Special Judge Jenny Pitts Manier. John Murphy fell and injured his leg during a parade, claiming the city’s negligence in maintaining the road created a pothole that caused his fall. The city sought summary judgment, asserting immunity under Indiana law for discretionary functions related to road maintenance. The trial court granted this motion, but the appellate court reversed, stating the city did not provide sufficient evidence to prove its entitlement to immunity. It concluded that the pothole repair process did not clearly constitute a policy-oriented decision-making process, and therefore, the city is not immune from liability for Murphy’s negligence claim. The court remands for further proceedings. Judge Felix authored the opinion, with Judges Weissmann and DeBoer concurring. Appellant’s attorneys: Edward J. Chester, Laura L. Ezzell and J. Thomas Vetne, Chester Law Office, Elkhart, Indiana. Appellee’s attorney: Elizabeth A. Klesmith, THK Law LLP, South Bend, Indiana.
This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.
Please enable JavaScript to view this content.