Opinions May 4, 2021

Indiana Court of Appeals
National Collegiate Athletic Association v. Jennifer Finnerty, Individually and as Personal Representative of the Estate of Cullen Finnerty, and Carol Anderson, Individually, and as Personal Representative of the Estate of Neal Anderson, and Maura Solonoski, Individually, and as Attorney-In-Fact for Andrew Solonoski Jr.
Civil tort. Dismisses the NCAA’s appeal of the denial of its protective order to quash the depositions of Mark Emmert, Donald Remy and Dr. Brian Hainline. Finds the NCAA’s repetitive motion for a protective order/motion to reconsider did not extend the time for an interlocutory appeal of the Marion Superior Court’s denial, so the appeal is untimely. Also finds there are no extraordinarily compelling reasons to consider the merits of the appeal. Judge Elizabeth Tavitas dissents with separate opinion.

Lake Imaging, LLC v. Franciscan Alliance, Inc. f/d/b/a Saint Margaret Mercy Health Centers and ProAssurance Indemnity Company, Inc.
Civil tort. Affirms the dismissal of Franciscan Alliance’s claim for breach of an indemnification clause against Lake Imaging LLC. Finds an indemnity claim by a health care provider against another health care provider based on alleged medical negligence is subject to Indiana’s Medical Malpractice Act. Also finds the Johnson Superior Court properly found Franciscan’s claim to be one for medical malpractice and properly dismissed Franciscan’s claim without prejudice for lack of subject-matter jurisdiction.

Progressive Southeastern Insurance Company v. B&T Bulk LLC, Bruce A. Brown, Robin S. Johnson, as Personal Representative of the Estate of Dona S. Johnson, and Robin S. Johnson, Individually, and State Farm Mutual Automobile Insurance Company
Civil tort. Affirms the Carroll Circuit Court ruling that an MCS-90 endorsement in B&T Bulk LLC’s insurance policy applies in a wrongful death complaint. Finds that even though the majority of courts have held that the MCS-90 endorsement only applies to the interstate transportation of property under the federal Motor Carrier Act, Indiana Code § 8-2.1-24-18(a) applies this requirement to intrastate transportation. Also finds the MCS-90 endorsement applies when a truck, although empty, is on its way to pick up a load.

Shane Anthony Shumante v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Shane Anthony Shumante’s second amended motion for separate trials. Finds the state joined three offenses for trial that are based on a series of acts that are connected, so the Delaware Circuit Court did not commit clear error in denying Shumante’s motion for severance.

Ronnie E. Banks, III v. State of Indiana (mem. dec.)
Criminal. Affirms Ronnie Banks III’s conviction of Level 5 felony aiding, inducing or causing burglary. Finds the state presented sufficient evidence in Miami Superior Court to prove Banks was an accomplice to the second Main Street Market burglary.

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