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Indiana Court of Appeals
Demarcus Solvontez Davis v. State of Indiana
No. 25A-CR-622

Criminal. Appeal from the Madison Circuit Court, Judge Angela Warner Sims. Affirms Davis’s convictions for murder and Level 3 felony robbery and his 96-year sentence. Holds Davis preserved appellate review of the trial court’s joinder decision by objecting to the State’s motion, but failed to demonstrate either an abuse of discretion or resulting prejudice, and further concludes the trial court did not err in denying his Batson challenge, no fundamental error occurred in the prosecutor’s rebuttal argument, and sufficient evidence supported the convictions, including text messages planning a robbery, surveillance video and physical evidence; the court also concludes Davis’s sentence is not inappropriate in light of the nature of the offenses and his character. Judge Mathias authored the opinion. Judges Vaidik and Pyle concur. Appellant’s attorney: Joshua Cumming, SDHMR Law Group, Noblesville, Indiana. Appellee’s attorneys: Office of the Indiana Attorney General.

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Indiana Court of Appeals
John Merchant v. Katz, Sapper & Miller, LLP
No. 25A-PL-1713

Civil. Interlocutory appeal from the Marion Superior Court, Judge James A. Joven. Affirms the trial court’s dismissal of Merchant’s claims for negligence and breach of fiduciary duty against Katz, Sapper & Miller, LLP. Holds the trial court properly granted the motion to dismiss because KSM owed no duty to Merchant, as there was no privity between them and Indiana law limits professional liability to clients or third parties known to rely on the professional’s work; the court also denies KSM’s request for appellate attorney’s fees, concluding Merchant’s appeal, while unsuccessful, was not frivolous or brought in bad faith. Judge Bradford authored the opinion. Judges Weissmann and DeBoer concur. Appellant’s attorney: Paul L. Jefferson, SLS Group, LLC, Carmel, Indiana. Appellee’s attorneys: Jayna M. Cacioppo, Vivek R. Hadley, Taft Stettinius & Hollister LLP, Indianapolis, Indiana.

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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.

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