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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after The Indiana Lawyer’s deadline Monday:
Indiana Supreme Court
Indianapolis Public Transportation Corporation d/b/a IndyGo Public Transportation v. Norma Jean Bush, as Personal Representative of the Estate of Michael Rex Fergerson
25S-CT-245
Civil tort. Affirms the Marion Superior Court’s denial of IndyGo’s motion to correct error in the wrongful death lawsuit brought by Norma Jean Bush, as personal representative of the estate of Michael Rex Fergerson. Finds the evidence presented to the jury does not establish the pedestrian was contributorily negligent as a matter of law and the verdict was not clearly erroneous as contrary to or unsupported by the evidence. Also finds both the trial court and a judge from the Indiana Court of Appeals found that IndyGo did not establish Fergerson was contributorily negligent as a matter of law. Justice Geoffrey Slaughter dissents with separate opinion in which Justice Mark Massa joins. Attorneys for appellant: Bradley Dick, Wandini Riggins, Sean Devenney, Evan Norris. Attorneys for appellee: David Stone IV, Bradford Smith.
Tuesday opinions
Indiana Court of Appeals
Paternity: J.O’S. v. K.S.
25A-JP-761
Juvenile paternity. Reverses Hancock Circuit Court Judge R. Scott Sirk’s order awarding J.O’S. a restricted amount of parenting time with his child, with a path towards eventually receiving parenting time in accordance with the Indiana Parenting Time Guidelines and also ordered the father to pay $941 per week in child support. Finds the juvenile court’s findings that could potentially support a finding of endangerment were largely unsupported by the record and the court’s order is therefore in contravention of statutory authority, which again requires specific findings of endangerment. Remands with instructions for the juvenile court to either enter an order containing sufficient findings to support a parenting-time restriction or that does not contain such restrictions and awards the father parenting time in accordance with the guidelines. Also finds that the juvenile court abused its discretion in setting the father’s child-support obligation at $941 per week. Remands with instructions that the juvenile court re-calculate the father’s child-support obligation based on the parties’ respective incomes at the time of the subsequent proceedings. Attorneys for appellant: Alexander Moseley, Adrian Deneen. No attorney listed for appellee.
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