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Indiana Court of Appeals
Norfolk Southern Railway Company v. Scott Sporner
No. 25A-CT-1138

Civil. Appeal from the Elkhart Superior Court, Judge Christopher J. Spataro. Affirms the denial of Norfolk Southern’s motion to correct error following a jury verdict finding the railroad liable under the Federal Employers’ Liability Act, or FELA, for injuries sustained by employee Scott Sporner in a train collision at a railyard and awarding $8.2 million in damages, with the railroad responsible for $4.92 million after fault was apportioned 60% to the railroad and 40% to Sporner. Holds the Federal Railroad Safety Act does not preclude a FELA negligence claim based on a railroad’s use of a one-person remote-control locomotive crew even if federal regulations permit such crews, concluding the statutes are complementary and do not bar the claim; also concludes the railroad was not entitled to judgment on the evidence regarding future lost wages because testimony from a vocational rehabilitation expert, an economist and medical evidence of permanent neurological symptoms provided sufficient evidentiary support for the jury’s award. Judge Foley authored the opinion. Judges May and Altice concur. Appellant’s attorneys: Barry L. Loftus, James F. Olds, Stuart & Branigin LLP, Lafayette, Indiana; Tobias S. Loss-Eaton, Charles W. Jetty, Sidley Austin LLP, Washington, D.C. Appellee’s attorneys: Gabriel A. Hawkins, Cohen & Malad, LLP, Indianapolis, Indiana; George Brugess, Cogan & Power, PC, Chicago, Illinois; Mark A. Psimos, Nathan M. Psimos, Psimos Law, Merrillville, Indiana.

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Indiana Court of Appeals
Bruce Mendenhall v. State of Indiana
No. 25A-CR-775

Criminal. Appeal from the Marion Superior Court, Judge Angela Dow Davis. Affirms Mendenhall’s murder conviction and 65-year sentence. Holds the evidence was sufficient to establish Indiana had territorial jurisdiction because a reasonable inference from the evidence was that the victim was killed at an Indianapolis truck stop before Mendenhall drove south on Interstate 65, rather than being kept alive until reaching Kentucky where her remains were later found; also concludes the trial court did not err in admitting evidence obtained during a Tennessee search of Mendenhall’s semi-truck because the Indiana constitutional protections described in Pirtle v. State did not apply where the Tennessee officer obtained consent to search while investigating a Tennessee matter and had no knowledge an Indiana crime was involved. Judge Vaidik authored the opinion. Judges Bradford and Altice concur. Appellant’s attorney: Casey Farrington, Marion County Public Defender Agency. Appellee’s attorneys: 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.