Opinions Nov. 15, 2021

Indiana Court of Appeals
Aberdeen Apartments II LLC v. Jessica Miller
Civil tort. Affirms the award of judgment to Jessica Miller against Aberdeen Apartments II and the denial of Aberdeen’s motions to correct error and for relief from judgment after Miller injured herself following a slip-and-fall accident. Finds Aberdeen did not negate the breach element of Miller’s negligence claim, and the Hendricks Superior Court did not err when it denied Aberdeen’s summary judgment motion. Also finds the trial court did not abuse its discretion when it denied Aberdeen’s Trial Rule 60(B)(3) motion to set aside the judgment, or when it denied Aberdeen’s motion to correct error.

Paula Napier v. American Family Mutual Insurance Company, S.I.
Civil plenary. Affirms the grant of summary judgment to American Family Mutual Insurance Company, S.I., on its assertion that Paula Napier’s claim for uninsured motorist benefits was barred by the two-year tort statute of limitations. Finds there is no genuine issue of material fact. Also finds American is entitled to judgment as a matter of law.

Deshawn M. Vaughn v. State of Indiana (mem. dec)
Criminal. Affirms the aggregate 10-year sentence of Deshawn Vaughn for Level 4 felony possession of a firearm by a serious violent felon, Level 6 felony criminal recklessness and Level 6 felony cruelty to an animal, handed down by the Allen Superior Court. Finds Vaughn’s sentence is not inappropriate in light of the nature of the offenses and his character.

In re the Termination of the Parent-Child Relationship of Ch.S., M.S. and R.S. (Minor Children) and C.S. (Father) v. Indiana Department of Child Services. (mem. dec.)
Juvenile termination of parental rights. Affirms the Vigo Circuit Court’s termination of parental rights between father C.S. and his three children. Finds there’s clear and convicting evidence to support the termination.

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