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Opinions

Opinions

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Opinions June 18, 2018

Indiana Court of Appeals
Andrew Seal v. State of Indiana

49A02-1711-CR-2547
Criminal. Affirms Andrew Seal’s conviction of Level 1 felony child molesting. Finds independent evidence found satisfies the purpose of the corpus delicti rule. Concludes there was sufficient evidence to support the conviction.
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Opinions June 15, 2018

Indiana Court of Appeals

Angela Brewer, Individually and as Personal Representative of the Estate of Rickey A. Brewer, Deceased v. PACCAR, Inc., d/b/a PETERBILT MOTORS CO.
55A05-1709-CT-2168
Civil tort. Grants Angela Brewer’s petition for rehearing following the decision of the Court of Appeals. Reaffirms the Court of Appeals’ original decision in all respects. Finds it is not advisable for parties to file simultaneous motions to correct error and notices of appeal. Also finds the appellate court did not hold as a matter of law that Peterbilt’s glider kit was defective.

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Opinions June 14, 2018

Indiana Court of Appeals
James T. Horejs, James Harris, and Robert Horejs, as Co-Administrators of the Estate of Laura A. Shaner, Deceased v. Albert Milford, D.O., St. Margaret Mercy Healthcare Centers, Inc., et al.

45A03-1709-CT-2173
Civil Tort. Affirms the trial court’s grant of the providers’ motion for partial summary judgment. Finds Laura Shaner’s estate has no heirs to receive survivor damages under the wrongful-death statute following the death of David, her husband. Concludes survivor damages passed on to the state are contrary to the wrongful-death statute.
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Opinions — June 13, 2018

Indiana Court of Appeals
Brian K. Wynne v. Tyson Burris and Brian K. Alsip

41A04-1710-SC-2363
Small claims. Affirms claims brought by Brian Wynne against Tyson Burris and Burris’ attorney,  Brian K. Alsip, were in bad faith. Finds trial court did not abuse its discretion by admitting evidence from recorded jail telephone calls made by Wynne. Finds evidence showed Wynne gave his girlfriend actual authority to act as his agent regarding settlement with Burris, and the trial court did not err in rejecting Wynne’s self-representation and negligence claims against Alsip.
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Opinions June 11, 2018

Indiana Court of Appeals
Erica Manis v. Trista McNabb 

18A-GU-96 
Guardianship. Affirms the Madison Circuit Court’s denial of mother Erica Manis’ petition to terminate Trista McNabb’s guardianship of her child, J.F., but reverses the court’s denial of Manis’ request for parenting time. The trial court erred by refusing to consider the petition for visitation time because it believed it lacked authority to order parenting time for mother.
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Opinions June 8, 2018

Indiana Court of Appeals
Lockerbie Glove Factory Town Home Owners Association, Inc., Andre B. Lacy, Julia L. Lacy, Elliot J. & Serena Androphy, et al. v. Indianapolis Historic Preservation Commission, and Dan Jacobs

49A02-1708-CT-1681
Civil Tort. Affirms judgment of the trial court denial of a petition for judicial review of the Indianapolis Historic Preservation Commission’s certificate of appropriateness to Dan Jacobs for constructing a retail, residential and parking project in the Lockerbie Square Historic District of Indianapolis. Finds the Remonstrators failed to prove that the Commission decision was invalid due to bias.
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Opinions June 7, 2018

Indiana Court of Appeals
Steven Davenport v. State of Indiana (mem. dec.)

34A04-1712-CR-2983
Criminal. Affirms the trial court’s order requiring Steven Davenport, who pleaded guilty to child solicitation, to serve the remainder of his suspended sentence in the Department of Correction for violating probation. The trial court did not abuse its discretion in finding he violated probation on three occasions and was given multiple chances to no avail.
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Opinions June 4, 2018

7th Circuit Court of Appeals
Cheryl Dalton v.  Teva North America, et al.

17-1990
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Richard L. Young, Judge.
Civil. Affirms summary judgment against Cheryl Dalton and in favor of Teva North America in a products liability case. Finds the district court properly applied Indiana law when it found that Dalton did not provide expert evidence on the issue of causation.
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