Opinions Oct. 11, 2022

Court of Appeals of Indiana
Gene DeVane and Gladys DeVane, Husband and Wife v. Arch Wood Protection, Inc., a Lonza Company, Osmose, Inc., n/k/a Koppers Performance Chemicals Inc., Chemical Specialties, Inc., n/k/a Venator Materials PLC
22A-CT-233
Civil tort. Affirms the dismissal with prejudice of Gene and Gladys DeVane’s complaint against Arch Wood Protection Inc., Koppers Performance Chemicals Inc. and Venator Materials PLC seeking the replacement of their decks. Finds the Monroe Circuit Court erred by dismissing the complaint based on the product-liability statute of repose because the DeVanes have alleged no past or existing physical harm. Also finds the DeVanes have not established that “equitable remediation” is a valid cause of action, nor have they identified any other statutory or common-law cause of action that might be viable here.

Kevin O. Michira (mem. dec.)
22A-CR-750
Criminal. Affirms Kevin O Michira’s conviction of Class A misdemeanor operating a vehicle while intoxicated. Finds the evidence is sufficient to support the conviction.

In the Matter of: I.R. (Minor Child) and H.R. (Mother) and R.R. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JC-888
Juvenile CHINS. Affirms the order adjudicating father R.R. and mother H.R.’s child, I.R., as a child in need of services. Finds none of the challenged findings are clearly erroneous. Also finds the evidence supports the Wayne Superior Court’s conclusion that I.R.’s physical or mental condition would be seriously impaired or seriously endangered in mother and father’s care, and that the child requires care that will not be provided without the coercive intervention of the court. Finally, finds the CHINS determination is not clearly erroneous.

Jane Flynn, Individually, and as next best friend of Dwayne A. Carter, Deceased v. Indiana University Health, d/b/a Methodist Health, Brian L. Brewer, M.D., and Tara N. Roberts, N.P. (mem. dec.)
22A-CT-149
Civil tort. Affirms summary judgment for Indiana University Health, Dr. Brian L. Brewer and nurse Tara N. Roberts in a dispute with Jane Flynn, who filed a medical malpractice complaint as next of friend for Dwayne Carter, deceased. Assuming without deciding that Flynn’s medical malpractice statute of limitations was “tolled for over two months,” finds summary judgment was properly granted to the defendants on their respective motions. Also finds the medical review panel rendered a unanimous expert opinion that Brewer and Roberts’ conduct did not fall below the applicable standard of care, and the Marion Superior Court had no opposing expert opinion to consider. Finally, finds Flynn’s expert affidavit in opposition to summary judgment is insufficient to rebut the MRP’s opinion with regard to IU Health.

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