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Opinions Nov. 22, 2022

Court of Appeals of Indiana
S.E., Minor Child, By Next Friend, Katherine Danley Glaser, and Katherine Danley Glaser v. City of Carmel, Indiana
22A-CT-520
Civil tort. Affirms summary judgment for the city of Carmel in a dispute with Katherine Danley Glaser, mother of S.E. Finds the record shows no genuine issues of material fact that the city and the Carmel/Clay Department of Parks and Recreation are separate political subdivisions under an interlocal agreement’s terms, state statutes and caselaw, so the city cannot be held liable for the negligent acts or omissions of the parks department or its employees pursuant to Indiana Code 34-13-3-3-(a)(10). 

Opinions Nov. 21, 2022

Court of Appeals of Indiana
Scottsdale Insurance Company, et al. v. Harsco Corporation
21A-PL-2483
Civil plenary. Affirms and reverses in part the entry of summary judgment in favor of Harsco Corporation, ordering Scottsdale Insurance Company to pay Harsco approximately $70,000 in defense costs and approximately $5 million in indemnification and interest. Finds Harsco is not entitled to indemnification pursuant to either the commercial general liability policy or the umbrella policy with Scottsdale. Also finds Scottsdale failed to establish that the Marion Superior Court erroneously ordered it to pay any portion of the $70,975.93 to Harsco pursuant to Scottsdale’s duty to defend. Remands with instructions to enter judgment in favor of Harsco in the amount of $70,975.03.

Opinions Nov. 18, 2022

Court of Appeals of Indiana
Roderick V. Lewis v. State of Indiana (mem. dec.)
22A-CR_1239
Criminal. Reverses Roderick V. Lewis’ 124-year sentence for two counts of felony murder following remand by the 7th Circuit Court of Appeals for the issuance of a writ of habeas corpus. Finds that on remand the Allen Superior Court errantly revised its sentence from 65 years on each count to 62 years for each count. Concludes the sentence imposed by the trial court is inappropriate and remands for resentencing to the advisory term of 55 years on each count to be served consecutively.