Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
Eliezer Areche v. Indianapolis Department of Public Works, City of Indianapolis, United States Postal Service, et al.
24A-CT-2672
Civil tort. Affirms Marion Superior Court Magistrate Ian Stewart’s granting of the City of Indianapolis’ motion for summary judgment after Eliezer Areche filed a negligence action against several defendants, including the city. Finds that Areche’s ordinance violation did constitute negligence per se, and, because negligence claims against governmental entities are specifically exempted from the Comparative Fault Act, Areche’s claim is barred by the common-law defense of contributory negligence. Judge Stephen Scheele dissents with a separate opinion. Attorneys for appellant: Michael Simmons, Hannah Brady, Georgianna Tutwiler. Attorneys for appellees: Patrick Devine, Jennifer Kalas, Brandon Newhart, Catherine Basque Weiler.
Kelly Miller v. Robert L. Lucas, Pamela S. Lucas, Christopher A. Shrock, Dixie M. Gary, Kevin D. Hayes, Samantha L. Pinkerton and Randall D. Woods
24A-PL-2451
Civil plenary. Affirms Kosciusko Circuit Court Judge Michael Reed’s judgment that a portion of Kelly Miller’s property is subject to an exclusive easement. Finds that given the language in the First Addition Plat that the Easement Area is “to be used as a boat landing” and the findings, the court’s order in Paragraph 42 is not clearly erroneous, and the appellate court is not left with a definite and firm conviction that a mistake has been made. Attorneys for appellant: Tyler Rotstein, Douglas Johnston. Attorney for appellees: Stephen Snyder.
Desiree Heitz v. State of Indiana
24A-CR-802
Criminal. Reverses Marion Superior Court.Judge Jose Salinas’ denial of Desiree Heitz’s motion to dismiss two counts of Level 6 felony identity theft against her for allegedly using someone else’s identity to both buy a vehicle and obtain medical care in Marion County. Finds the state’s prolonged failure to meet its discovery obligations, spanning nearly 11 months and involving eight separate prosecutors, cannot be transformed into “a delay caused by the defendant” under Rule 4(C). Remands with instructions to grant Heitz’s motion to dismiss. Judge Paul Felix dissents with a separate opinion. Attorney for appellant: Sarah Medlin. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Tyler Banks.
Please enable JavaScript to view this content.