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Opinions Feb. 16, 2017

Indiana Supreme Court
Tresa Megenity v. David Dunn
22S04-1609-CT-465.
Civil tort. Affirms summary judgment in for David Dunn in a case arising from an injury to Tresa Megenity during a karate class. Extending and clarifying Pfenning v. Lineman, 947 N.E.2d 392 (Ind. 2011), holds that when a sports participant injures someone while engaging in conduct ordinary in the sport, and without intent or recklessness, the participant does not breach a duty.

Justices rule against woman injured by karate kick

A woman who sued a karate classmate when she was injured by his jump-kick cannot prove recklessness, the Indiana Supreme Court ruled Thursday, extending its jurisprudence applied to torts arising from sports injuries.

COA orders man to pay remaining balance on lease of totaled car

A divided panel of the Indiana Court of Appeals has affirmed an order requiring a man to pay the remaining balance on the lease of a woman’s car after he totaled it in a collision for which he was found to be completely at fault.

Opinions Feb. 15, 2017

Indiana Supreme Court
J.D.M. v. State of Indiana
21S01-1702-JV-84
Juvenile. Reverses J.D.M.’s adjudication as a delinquent for committing acts which, if committed by an adult, would constitute Class C felony child molestation, and the subsequent order for him to register as a sex offender Finds that the statutory prerequisites for placing a juvenile on the sex offender registry were not met. Remands to the juvenile court for further proceedings.

Man’s sentence challenge rejected by appellate court

In his third appeal before the Indiana Court of Appeals, a Marion County man’s sentence for rape, criminal deviate conduct and burglary have been affirmed after the appellate court found that a motion to correct sentence was not the appropriate remedy for his claim.

Supreme Court agrees to hear civil forfeiture, expungement cases

The justices of the Indiana Supreme Court have agreed to decide whether the state should be allowed to seize a heroin dealer’s Land Rover as a fine for his drug crimes despite the fact that the vehicle is worth four times more than a statutory cap on fines.

Geyh, testifying for judicial reform, warns of Trump’s criticism

Indiana University Maurer School of Law professor Charles Geyh testified in favor of several federal court reforms Tuesday before a congressional panel on the judiciary. He also used the opportunity to warn that President Donald Trump’s rhetoric threatened to undermine confidence and independence in the judicial branch.

Anthem sues to block Cigna from terminating $48B merger

Indianapolis-based Anthem Inc. further escalated its fight with Cigna Corp. on Wednesday morning, announcing it has filed a lawsuit in Delaware that seeks a temporary restraining order to prevent the Connecticut-based insurer from terminating their $48 billion merger.

COA: Dirty pictures allowed by Legislature

| Marilyn Odendahl

Revisiting the question of whether sending sexually explicit photographs to a 16- or 17-year-old is permitted under state law, the Indiana Court of Appeals upheld its earlier ruling by finding the Legislature’s inaction to amend the statute implies dirty pictures are suitable for these teens.

COA affirms setback distance for Eastern Indiana wind farm

The Indiana Court of Appeals on Tuesday upheld a Rush County zoning ruling requiring industrial wind turbines to be at least 2,300 feet from some people’s property lines. The judges emphasized that the zoning ordinances outline minimum distances and the zoning board is able to increase those distances when warranted.

Opinions Feb. 14, 2017

Indiana Court of Appeals
School City of Hammond District v. Chad Rueth
45A03-1603-CT-450
Civil tort. Reverses judgment pursuant to a jury verdict in favor of Chad Rueth on his claims of defamation and blacklisting, finding there is insufficient evidence to support a verdict in his favor, and the trial court abused its discretion by denying the School City of Hammond District’s motion to correct error.