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Opinions April 14, 2020

April 14, 2020

Indiana Court of Appeals
Miami County and Miami County Board of Commissioners v. Indiana Department of Natural Resources, and Walter B. Woodhams and Dorothy Woodhams, et al.
19A-MI-2099
Miscellaneous. Reverses the Marion Superior Court ruling that Miami County was an owner of dams in the Hidden Hills addition in Miami County and therefore was responsible for taking action to repair them as ordered by the Indiana Department of Natural Resources. Finds that because the county had only an easement interest in the roadways that crossed the dams, it was not an owner of them and therefore was not responsible for repairing them. Remands.

COA affirms murder conviction over challenged letter

April 14, 2020 | Dave Stafford

The Indiana Court of Appeals on Tuesday rejected a South Bend murderer’s claim that a letter he purportedly sent from the St. Joseph County Jail implicating another man in the shooting death was wrongly admitted at his trial because it was not properly authenticated.

Reversal: Landowners, not county, responsible for fixing failing dams near Peru

April 14, 2020 | Dave Stafford

Reversing a trial court that determined Miami County was responsible for fixing six crumbling dams in a lake community housing addition, the Indiana Court of Appeals found the county was responsible only for the roads that crossed the tops of the embankments.

State reports 291 more COVID-19 cases, 37 more deaths

April 14, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Tuesday said the number of presumptive positive cases for COVID-19 in the state has risen to 8,527 after the emergence of 291 more cases. The figure marks the fourth consecutive daily increase in new cases.

Advocates warn stimulus checks could be garnished by creditors

April 14, 2020 | Samm Quinn and Indianapolis Business Journal Staff and IL Staff

While the federal government won’t seize stimulus checks being deposited into Americans’ bank accounts this week for owed debts, private debt collectors might, consumer advocates are warning.

Indiana gets $19.5M settlement over Equifax data breach

April 14, 2020 | Indianapolis Business Journal Staff

Indiana has secured a $19.5 million settlement from Equifax over a 2017 data breach that exposed the Social Security numbers and other private information of nearly 150 million people.

Indiana Democratic Convention to be held virtually

April 14, 2020 | Lindsey Erdody and Indianapolis Business Journal Staff

The Indiana Democratic Party has decided to hold its 2020 convention virtually instead of as an in-person event, officials announced Tuesday morning.

Texas clinics ask Supreme Court to allow certain abortions

April 14, 2020 | Associated Press and IL Staff

Abortion clinics in Texas have asked the Supreme Court to step in to allow certain abortions to continue during the coronavirus pandemic. The clinics filed an emergency motion on Saturday asking the justices to overturn a lower-court order and allow abortions when they can be performed using medication.

Opinions April 13, 2020

April 13, 2020

Indiana Court of Appeals
Mike Dow and Midwest Logging and Veneer v. John Hurst and Linda Hurst
19A-PL-1709
Civil plenary. Affirms summary judgment and damages of $80,826 awarded to John and Linda Hurst in their complaint alleging trespass and conversion against Mike Dow, doing business as Midwest Logging and Veneer. The Morgan Superior Court did not err in concluding that Dow was liable for the actions of independent contractors, in its award of damages or in admitting alleged hearsay evidence.

Indianapolis police squad car fatally strikes pedestrian

April 13, 2020 | Associated Press

An Indianapolis police officer who struck and killed a pedestrian with his squad car while on duty is a 19-year department veteran, police said Monday.

Appeals court affirms $80K damages ruling in logging trespass

April 13, 2020 | Dave Stafford

A logging company that allegedly fell more than three dozen hardwood trees on a Morgan County property whose owner had warned the contractor to stay off his land was rightly awarded more than $80,000 in damages, the Indiana Court of Appeals ruled.

Challenged blood draw in fatal impaired driving crash upheld

April 13, 2020 | Marilyn Odendahl

A defendant was unable to convince the Indiana Court of Appeals the state was improperly allowed a “do-over” by being able to offer as evidence at trial an analysis of his blood that showed the presence of controlled substances.

Injured wood trimmer operator loses appeal against manufacturer

April 13, 2020 | Katie Stancombe

A Southern Indiana machinery worker’s failure to follow warnings and instructions on a woodcutting machine he was using were the cause of injuries he sustained on the job, the Indiana Court of Appeals concluded on Monday. As such, the machinery’s manufacturer couldn’t have reasonably expected the accident.

New Indiana COVID-19 cases decline for third straight day

April 13, 2020 | IL Staff and Indianapolis Business Journal Staff

New reported cases of coronavirus declined for the third consecutive day Monday – the first such trend line since the state began tracking cases in late February. The latest figured reinforced projections that the state may have reached the peak of COVID-19 cases and deaths.

Police: Person exchanged gunfire with officers, found dead

April 13, 2020 | Associated Press

A suspect who exchanged gunfire with officers in far western Indiana was found dead after officers entered a wooded area in an armored vehicle, state police said Saturday.

Nursing home deaths soar past 3,600 in alarming surge

April 13, 2020 | Associated Press

More than 3,600 deaths nationwide have been linked to coronavirus outbreaks in nursing homes and long-term care facilities, an alarming rise in just the past two weeks, according to the latest count by The Associated Press.

African Americans account for 9.8% of Indiana population, but 19.2% of all COVID-19 deaths so far

April 13, 2020 | John Russell and Indianapolis Business Journal Staff

Nearly one out of five deaths in Indiana so far from COVID-19 have been African American patients, which is nearly double the percentage of African-Americans who live in Indiana, the health department said Friday.

Man arrested after shooting death of Indianapolis officer

April 13, 2020 | Associated Press

A man has been arrested in connection with the shooting death of an Indianapolis officer on a domestic violence call, police said Friday.

Deaths at Anderson nursing home climb to 24

April 10, 2020 | Indianapolis Business Journal Staff

Twenty-four residents have died at an assisted living facility in Anderson, Indiana State Health Commissioner Kristina Box announced Friday — up from 11 residents just four days ago.

Opinions April 10, 2020

April 10, 2020

The following 7th Circuit Court Opinion was posted after IL deadline on Thursday.
Markel Insurance Company v. Lillian Rau
19-2433
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Holly Brady.
Civil. Affirms the Northern District Court’s finding that Markel Insurance Company had no obligation to United Emergency Medical Services or its employee under the insurance policy after one of United’s ambulances crashed into a vehicle, killing Chester Stofko. Finds Lillian Rau’s argument that equity requires coverage for the ambulance is not persuasive. Finds that because Markel did not endorse a change to the policy, the ambulance was not covered. Also rejects Rau’s attempts to raise the argument Markel should be estopped from denying coverage for the ambulance as a matter of public safety.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Indianapolis attorney suspended for charging, collecting unreasonable fee 

  • Howard County judge permanently banned from judicial service

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • JLAP executive director Harrell retires, IN Supreme Court announces new director

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