Opinions Oct 16, 2020

Indiana Court of Appeals
Sydney Renner v. Trevor J. Shepard-Bazant
19A-CT-02745
Civil tort. Reverses the Lake Superior Court’s denial of Sydney Renner’s motion to correct error, in which she asked for an increased damages award stemming from a car crash involving Trevor Shepard-Bazant. Finds the trial court’s treatment of Renner’s prior two concussions as separate incidents, rather than as contributing to Renner’s injuries and damages arising from the auto accident, was against the logic and effect of the facts and circumstances before the court and resulted in error in the calculation of damages. Remands for a retrial.

Miami County Board of Commissioners v. US Specialty Insurance Company
20A-CT-00953
Civil tort. Affirms the Miami Circuit Court’s entry of summary judgment in favor of the City of Peru against the Miami County Board of Commissioners after county employees deployed a homemade device that broke underground water lines and caused more than $100,000 in damages. Finds that the Indiana Damage to Underground Facilities Act did not abrogate common law for situations that do not fall under DUFA’s purview and that the trial court did not err by finding that the City proved its negligence claim.

Termination: K.S. v. Indiana Department of Child Services (mem. dec.)
20A-JT-01041
Juvenile termination. Affirms the termination of K.W.S.’s parent-child relationship with her children, C.S. and K.S. Finds sufficient evidence to support the termination and that the trial court did not err by finding that DCS proved by clear and convincing evidence that there is a reasonable probability that the conditions resulting in the children’s removal and continued placement outside of her care and custody will not be remedied.

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