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Indiana Court of Appeals
City of Marion v. London Witte Group, LLC, Chad Seybold, Estate of Michael Y. An, Global Investment Consulting, Inc., and World Enterprise Group, Inc.
19A-MI-1762
Miscellaneous. Affirms in part the Grant Superior Court’s grant of summary judgment in London Witte Group LLC’s favor against the city of Marion on claims for negligence and breach of fiduciary duty. Reverses in part the denial of the motion with respect to the constructive fraud/unjust enrichment claim. Finds the discovery rule bars the negligence and breach claims, and none of the discovery rule exceptions apply. Also finds the two-year statute of limitations should govern the fraud/unjust enrichment claim. Remands with instructions to enter summary judgment in LWG’s favor on the city’s claim for constructive fraud/unjust enrichment.

Indiana Court of Appeals
The Davey Tree Expert Company and Davey Resource Group, Inc. v. The City of Indianapolis
19A-CT-2326
Civil tort. Reverses the Marion Superior Court’s grant of the city of Indianapolis’ motion for judgment on the pleadings as to its cross-claim for declaratory judgment against The Davey Tree Expert Company. Finds Davey Tree’s defense obligation is only triggered if the city is sued for Davey Tree’s negligence. Because the claims against the city brought by Evelyn Smock in a wrongful-death lawsuit for her husband are based entirely on the city’s conduct, Davey Tree does not have to defend the city under the contract.