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In re: the Marriage of: Kevin Weinzapfel v. Melissa Weinzapfel
25A-DR-1102
Domestic relations with children. Reverses the portion of the Vanderburgh Superior Court’s order regarding the father’s child support obligation and remands for recalculation of father’s parenting time credit and support obligation. Finds the trial court erred when it gave the father parenting credit of 98 overnights in its calculation of his child support obligation because no evidence existed to support that decision and the trial court did not explain its deviation as required by Indiana Child Support Guideline 6. Also on remand, asks the trial court to include a finding to explain to the father why it discontinued the reduction of the father’s child support obligation based on his assignment of the majority of the marital debt. Also finds the trial court did not err when it determined the son did not repudiate his relationship with the father and thus the father was responsible for a portion of post-secondary expenses. Additionally, the trial court did not abuse its discretion when it credited the CDV Benefit to the son’s portion of college expenses. Attorney for appellant: Katherine Worman. Attorney for appellee: Jeff Shoulders.
Daron Washington v. State of Indiana
25A-CR-1169
Criminal. Reverses Daron Washington’s conviction in Marion Superior Court on a nutrition-based count of neglect of a dependent resulting in death. Finds that given I.W.’s undetermined cause of death, the state failed to prove beyond a reasonable doubt that I.W. would not have died but for her malnourishment. Remands to the trial court with instructions to enter judgment of conviction on the medical-care-based count of neglect of a dependent resulting in death. Finds that because Washington does not dispute that he knowingly endangered I.W. by failing to provide her with adequate nutrition, he is guilty on Count I of the lesser included offense of Level 6 felony neglect of a dependent. On remand, leave it to the trial court to determine whether judgments of conviction on both Count I’s lesser-included Level 6 felony and Count II’s Level 1 felony would implicate double jeopardy. The court will also need to determine whether resentencing is necessary. Attorney for appellant: Frederick Vaiana. Attorneys for appellee: Todd Rokita, J.T. Whitehead.
Tesla, Inc. f/k/a Tesla Motors, Inc. and Kyle Kaszuba v. Annamarie Dugan Norris, as Guardian of the Estate of Christopher Dugan, an Incompetent Person
25A-CT-198
Civil tort. Affirms the Marion Superior Court’s granting of summary judgment to Annamarie Dugan Norris and Kyle Kaszuba regarding whether Kaszuba was acting within the scope of his employment with Tesla at the time of the crash. Finds the defendants have failed to demonstrate reversible error regarding the liability phase of the trial. Also finds the trial court properly granted summary judgment to Kaszuba and Norris on the issue of vicarious liability. Reverses the damages phase of this trial only and remands for a new trial on damages. Finds Norris has failed to rebut the presumption of error resulting from the trial court’s ex parte conversation with the jurors. Attorneys for appellants: Nine attorneys listed. Attorneys for appellees: Six attorneys listed for appellees.
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