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Indiana Court of Appeals
Eliezer Areche v. Indianapolis Department of Public Works, City of Indianapolis, United States Postal Service, et al.
24A-CT-2672
Civil tort. Affirms Marion Superior Court Magistrate Ian Stewart’s granting of the City of Indianapolis’ motion for summary judgment after Eliezer Areche filed a negligence action against several defendants, including the city. Finds that Areche’s ordinance violation did constitute negligence per se, and, because negligence claims against governmental entities are specifically exempted from the Comparative Fault Act, Areche’s claim is barred by the common-law defense of contributory negligence. Judge Stephen Scheele dissents with a separate opinion. Attorneys for appellant: Michael Simmons, Hannah Brady, Georgianna Tutwiler. Attorneys for appellees: Patrick Devine, Jennifer Kalas, Brandon Newhart, Catherine Basque Weiler.

Indiana Court of Appeals
Alfred Williams Comer, Jr. v. State of Indiana
24A-CR-1832
Criminal.  Affirms Lake County Superior Court Magistrate Kathleen Sullivan’s denial of Alfred Comer Jr.’s motion that the trial court should have applied 1,376 days of credit to reduce his fixed term of 60 years imprisonment after his murder conviction. Finds the trial court did not abuse its discretion by finding Comer already received credit for presentence incarceration and good time credit and was not entitled to any reduction in his fixed term of imprisonment. Appellant pro se: Alfred Comer, Jr. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Courtney Staton.

Indiana Supreme Court
EdgeRock Development, LLC, ZPS Westfield, LLC, and First Bank Richmond v. C.H. Garmong & Son, Inc., Signworks, Inc., and Fox Contractors Corp.
24S-PL-184
Civil plenary. Affirms the Indiana Court of Appeals’ ruling that that the Hamilton Superior Court did not err in concluding that factual disputes precluded summary judgment on EdgeRock’s claim that Change Order #3 was invalid because it was not approved in writing. Also finds that the trial court did not err in granting Garmong’s summary judgment motion (and denying EdgeRock’s competing summary judgment motion) on EdgeRock’s claim that it was entitled to a credit for amounts owed under the Garmong contract for work related to the 175th Street Project and the drain relocation. Also affirms the appellate court’s reversal of the Hamilton Superior Court’s award to EdgeRock of the road impact fees and instructs the trial court to distribute the funds consistent with the outcome of related litigation in the Hamilton County Commercial Court. Also finds that First Bank is entitled to recover attorney fees from EdgeRock. Remands for the trial court to amend the judgment consistent with this opinion. Attorneys for appellants: Maggie Smith, Darren Craig, Nathaniel Uhl, Jenny Buchheit, Adam Alexander, Scott Fandre, David Johnson, Bryan Babb, James Carlberg, Nathan Danielson, Ronald Cross. Attorneys for appellees: Peter French, Jeffrey Stemerick, Neil Peluchette, Robert Eherenman.