Opinions Dec. 2, 2021

Keywords Opinions

Court of Appeals of Indiana
Auto-Owners Insurance Company v. Zachary Shipley
21A-CT-761
Civil tort. Affirms the Marion Superior Court’s denial of summary judgment to Auto-Owners Insurance Company on the issue of underinsured-motorist overage sought by Zachary Shipley. Finds Shipley is entitled to underinsured-motorist benefits after a runaway tire struck him on the job because he was using his roadside-assistance vehicle exactly as it is intended. Concludes that Shipley was using the van “as an auto.”

Eddie L. Kearney v. Annetta L. Claywell
21A-DN-1086
Domestic relations without children. Affirms the Decatur Circuit Court’s division of marital property following the dissolution of the marriage between Eddie Kearney and Annetta Claywell. Finds the trial court did not abuse its discretion when determined an equitable division of the assets and liabilities of the marriage would be to award 40% to Claywell and 60% to Kearney.

John Collier Logging, Inc., an Indiana Corporation, Hardwood Timber & Veneer, Inc., an Indiana Corporation v. Mahvash-K. LLC, Mahvash Khosrowyar, Mavash Kariminoghaddam, Mahvash Karimi Moghaddam, and Mavash Khosrowyar Revocable Trust (mem. dec.)
21A-CT-954
Civil tort. Affirms in part, reverses in part and remands in part the Hamilton Superior Court’s partially favorable ruling for Mahvash Karimi against John Collier Logging, Inc. and Hardwood Timber & Veneer, Inc. on Karimi’s negligence and slander-of-title claims against them. Finds Contract 2 between Karimi and Hardwood Timber is enforceable and valid, but finds that Contract 1 between John Collier Logging and Karimi and Contract 3 between Hardwood Timber and Karimi, are not. On remand, finds the trial court should dismiss John Collier Logging from the case; reconsider Karimi’s negligence claim; and reconsider Hardwood Timber’s counterclaim for conversion.

Ryan Deon Horton v. State of Indiana (mem. dec.)
21A-CR-1045
Criminal. Affirms the revocation of Ryan Horton’s probation. Finds Horton has not shown that he was denied his right to due process. Also finds sufficient evidence to show that Horton violated the terms of his probation and home detention by a preponderance of the evidence.

Kenae M. Shorter v. State of Indiana (mem. dec.)
21A-CR-1647
Criminal. Affirms Kenae M. Shorter’s conviction of Class A misdemeanor criminal trespass and Class B misdemeanor criminal mischief. Finds sufficient evidence to support the convictions.

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