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Indiana Court of Appeals
Krista B. Gue v. Triple E Property Management, LLC, and M.C. Berber, LLC
No. 25A-CT-832

Civil. Appeal from the Marion Superior Court, Judge James A. Joven. Affirms in part, reverses in part and remands. Holds the trial court properly denied Triple E Property Management’s motion for summary judgment on the tenant’s claim of negligent hiring, retention and supervision, concluding genuine issues of material fact exist regarding the adequacy of the company’s background screening and whether it had reason to know of the need to control its employee. Further holds the trial court erred in granting summary judgment to Triple E on the tenant’s respondeat superior claims for invasion of privacy and intentional or reckless infliction of emotional distress, determining reasonable jurors could find the employee’s conduct — rummaging through the tenant’s bedroom and sniffing her underwear while present to perform plumbing repairs — arose from activities closely associated with his authorized work and therefore fell within the scope of employment. Concludes, however, that landlord M.C. Berber, LLC is not vicariously liable under the non-delegable duty doctrine, because the employee’s conduct did not breach the landlord’s statutory duty to maintain plumbing in safe working order and did not violate the lease’s covenant of quiet enjoyment, where there was no unlawful entry or interference with the tenant’s possessory interest. Appellant’s attorney: Neal F. Eggeson Jr. Appellees’ attorneys: Jynell D. Berkshire; Tammy J. Meyer; Kenneth A. Ewing.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

Indiana Court of Appeals
Isaiah Jerone Stokes v. State of Indiana
No. 25A-CR-531

Criminal. Appeal from the Marion Superior Court, Judges Marie Kern and James K. Snyder. Affirms Stokes’ conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Holds the trial court did not abuse its discretion in admitting the handgun discovered during an inventory search of Stokes’ vehicle following his arrest on outstanding warrants at a gas station. Concludes the decision to impound the vehicle was authorized under Indianapolis-Marion County ordinances because Stokes could not move the vehicle due to his arrest and was also reasonable under the police’s community caretaking function, where the vehicle was parked at a busy gas pump during rush hour and the clerk wanted it removed. Further holds the inventory search was not pretextual, finding officers largely complied with IMPD’s tow policy and that minor deviations — including ultimately releasing the vehicle at the scene rather than completing the tow — did not render the search unreasonable under the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Notes Judge Pyle dissented, concluding the inventory exception did not apply because the vehicle was never actually impounded. Appellant’s attorneys: Talisha Griffin; Jan B. Berg. Appellee’s attorney: Office of the Indiana Attorney General.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.