March 16, 2026

Indiana Court of Appeals
Pandel Ludwig v. Flaherty & Collins, Inc.
No. 25A-CT-941

Civil. Appeal from the Marion Superior Court, Judge Gary L. Miller. Affirms the denial of Ludwig’s motion for a new trial following a jury verdict in favor of Flaherty & Collins in a negligence case arising from Ludwig slipping and falling on ice outside the fitness center of an apartment complex. Holds the trial court did not abuse its discretion in declining to give Ludwig’s proposed spoliation instruction regarding deleted security camera footage because, even assuming the footage should have been preserved and its loss was negligent, the failure to give the instruction was harmless given the jury heard extensive evidence and argument about the missing footage and still assigned 90% of the fault to Ludwig; also concludes Ludwig waived her claim that the verdict form showed juror confusion by failing to cite supporting authority and, in any event, the jurors confirmed the verdict when polled and the form accurately reflected their intent. Judge DeBoer authored the opinion. Judges Bradford and Weissmann concur. Appellant’s attorneys: Jamison J. Allen, Nicole K. Szablak, Marc Lopez Law Firm, Indianapolis, Indiana. Appellee’s attorney: Karl G. Popowics, Goodin Abernathy, LLP, Indianapolis, Indiana.

Indiana Court of Appeals
Norfolk Southern Railway Company v. Scott Sporner
No. 25A-CT-1138

Civil. Appeal from the Elkhart Superior Court, Judge Christopher J. Spataro. Affirms the denial of Norfolk Southern’s motion to correct error following a jury verdict finding the railroad liable under the Federal Employers’ Liability Act, or FELA, for injuries sustained by employee Scott Sporner in a train collision at a railyard and awarding $8.2 million in damages, with the railroad responsible for $4.92 million after fault was apportioned 60% to the railroad and 40% to Sporner. Holds the Federal Railroad Safety Act does not preclude a FELA negligence claim based on a railroad’s use of a one-person remote-control locomotive crew even if federal regulations permit such crews, concluding the statutes are complementary and do not bar the claim; also concludes the railroad was not entitled to judgment on the evidence regarding future lost wages because testimony from a vocational rehabilitation expert, an economist and medical evidence of permanent neurological symptoms provided sufficient evidentiary support for the jury’s award. Judge Foley authored the opinion. Judges May and Altice concur. Appellant’s attorneys: Barry L. Loftus, James F. Olds, Stuart & Branigin LLP, Lafayette, Indiana; Tobias S. Loss-Eaton, Charles W. Jetty, Sidley Austin LLP, Washington, D.C. Appellee’s attorneys: Gabriel A. Hawkins, Cohen & Malad, LLP, Indianapolis, Indiana; George Brugess, Cogan & Power, PC, Chicago, Illinois; Mark A. Psimos, Nathan M. Psimos, Psimos Law, Merrillville, Indiana.

Indiana Tax Court
IBEW Local 305 v. Allen County Assessor
No. 25T-TA-00003

Tax. Appeal from a final determination of the Indiana Board of Tax Review. Reverses the Board’s determination denying a full property tax exemption for property used by the Fort Wayne Electrical Joint Apprenticeship and Training Committee apprenticeship program and remands for reconsideration. Holds the Board improperly adopted a narrow definition of “school” under Indiana Code § 6-1.1-10-36.3 that limited the term to institutions accredited or regulated by the Indiana Department of Education, concluding the statute’s plain meaning broadly encompasses institutions that provide instruction or training and is not limited by age of students or regulatory oversight; the court further concludes the Board’s error was not harmless because evidence in the administrative record could support a finding that the apprenticeship program qualifies as a not-for-profit school under the statute. Judge McAdam authored the opinion. Petitioner’s attorney: Kera L. Paoff, Paoff & Robinson, LLC, Toledo, Ohio. Respondent’s attorneys: Mark E. GiaQuinta, GiaQuinta Law Offices LLC, Fort Wayne, Indiana; Nicholas M. Brady, Lewis Wagner & Trimble, Indianapolis, Indiana.

Indiana Tax Court
International Association of Bridge, Structural, & Reinforcing Iron Workers’ Local Union No. 147 and Iron Workers’ Local 147 Apprentice Fund v. Allen County Assessor
No. 25T-TA-00004

Tax. Appeal from a final determination of the Indiana Board of Tax Review. Reverses the Board’s determination granting only a partial property tax exemption for property used by the International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 147 Joint Apprenticeship and Training Trust Fund apprenticeship program and remands for reconsideration. Holds the Board relied on an overly narrow definition of “school” under Indiana Code § 6-1.1-10-36.3(c)(2), and because the issues and legal arguments are identical to those addressed in IBEW Local 305 v. Allen County Assessor, the court applies the same reasoning and concludes there is substantial evidence supporting an inference that the apprenticeship program qualifies as a school under the statute. Judge McAdam authored the opinion. Petitioners’ attorney: Kera L. Paoff, Paoff & Robinson, LLC, Toledo, Ohio. Respondent’s attorneys: Mark E. GiaQuinta, GiaQuinta Law Offices LLC, Fort Wayne, Indiana, Nicholas M. Brady, Lewis Wagner & Trimble, Indianapolis, Indiana.

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