Opinions Jan. 25, 2024

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Indiana Supreme Court
Edward Zaragoza v. Wexford of Indiana, LLC, et al.
Civil tort. Reverses the award of summary judgment to the defendants on Edward Zaragoza’s complaint alleging medical malpractice and deliberate indifference to serious medical needs. Finds genuine issues of material fact remain to be determined.

Penny Korakis v. Memorial Hospital of South Bend, Michael R. Messmer, D.O., and David A. Halperin, M.D.
Civil tort. Affirms the grant of summary judgment to Dr. David Halperin and Memorial Hospital of South Bend on Penny Korakis’ medical malpractice complaint, but reverses summary judgment for Dr. Michael Messsmer. Finds the standard of care may be inferred from an affidavit. Also finds Dr. James Kemmler’s affidavit creates a genuine issue of material fact about Messmer’s alleged breach of the applicable standard of care.

Court of Appeals of Indiana
Asher B. Hill v. K. Chesterfield and Sgt. B. Vaughn
Civil tort. Affirms the dismissal of Asher B. Hill’s lawsuit against two Department of Correction employees. Finds the trial court didn’t err by dismissing Hill’s complaint and denying his motion for default judgment. Judge Elaine Brown dissents with separate opinion.

Frame Station, Inc. d/b/a Framemakers v. The Foundry at 304, LLC, Foundry WPR Orrego, LLC and Foundry WPR Elmore, LLC
Civil tort. Reverses the findings of fact and conclusions thereon with respect to Framemakers’ right of use of its express easement across the property of The Foundry at 304 LLC, Foundry WPR Orrego LLC and Foundry WPR Elmore LLC. Finds the Monroe Circuit Court erred by concluding that the Foundry did not interfere with Framemakers’ easement during the development and construction of Foundry’s project. Remands for further proceedings, including the determination of damages, if any. 

Keltner Property Group, LLC v. Brian K. Southard and Restor Company, and Kristi Southard (mem. dec.)
Civil plenary. Affirms the judgment in favor of Brian Southard, Restor Company and Kristi Southard on Keltner Property Group LLC’s complaint based on the Indiana Fraudulent Transfers Act. Finds the Hamilton Superior Court’s determination that Keltner failed to prove the transfer was fraudulent under the UFTA was not clearly erroneous.

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