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Layke D. Leonard v. State of Indiana
No. 26A-IF-365
Appeal from Henry Circuit Court, Judge David L. McCord. The court reversed Leonard’s conviction for making an unsafe start under Indiana Code section 9-21-8-23. The court found insufficient evidence to prove that Leonard’s actions constituted an unsafe start, noting that while his tires squealed, there was no evidence to suggest his vehicle was operated in a dangerous manner. Judge May authored the opinion, with Judges Pyle and Scheele concurring. Appellant attorney: Nathan Vining, Vining Legal LLC, Indianapolis. Appellee’s attorney: Office of the Indiana Attorney General.
Indiana Court of Appeals
Michael Yonkman v. Argonaut Insurance Company
No. 26A-CT-422
Appeal from Lake Superior Court, Judge John M. Sedia. Michael Yonkman, a police officer, sustained injuries while investigating a suspected shoplifting when a suspect reversed a vehicle into him, pinning him against a parked car. Yonkman filed a complaint against the suspect and Argonaut Insurance Company, his police department’s uninsured-underinsured motorist coverage provider. Argonaut argued that the complaint was not timely and claimed Yonkman was not entitled to the coverage since he was not occupying his police cruiser at the time of the incident. The trial court granted Argonaut’s motion for summary judgment and denied Yonkman’s cross-motion for a partial summary judgment on the timeliness of the complaint and his occupancy of the vehicle. The Court of Appeals held that Yonkman’s complaint was filed within the two-year limitations period. Additionally, it found that Yonkman maintained a sufficient relationship with his cruiser to be considered “occupying” it under the policy. Accordingly, the judgment was reversed, and the trial court was instructed to deny Argonaut’s motion while granting Yonkman’s cross-motion. Judge DeBoer authored the opinion, with Judges Mathias and Kenworthy concurring. Attorneys for the appellant: David S. Gladish, Mark J. Schocke, Gladish Law Group, Highland. Attorneys for appellee: Dennis F. Cantrell, Zachary J. Reichle, Stoll Keenon Ogden, PLLC, Indianapolis.
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