Court opinions

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
David Branscomb and Tammy Branscomb v. Wal-Mart Stores East, L.P. and James Clark
20S-CQ-515
Certified question. Answers a certified question from the U.S. District Court for the Northern District of Indiana and holds that when there are no allegations that a store manager controlled the premises where alleged harm occurred, he or she cannot be held liable under Indiana law. Finds plaintiffs David and Tammy Branscomb cannot recover from store manager James Clark based on their failure to properly hire, train and supervise claim, their failure to have and/or implement proper safety policies and procedures claim, or their failure to inspect and maintain the property claim. 

Indiana Court of Appeals
Herco, LLC v. Auto-Owners Insurance Company
20A-PL-1682
Civil plenary. Affirms the grant of summary judgment in favor of Auto-Owners Insurance Company in a dispute with Homeowners’ Equity & Realty Corporation LLC. Finds HERCO’s second suit is barred by res judicata. Also finds HERCO could have raised its breach of contract and bad faith claims in the first suit in Lake Superior Court but chose not to do so.

Indiana Court of Appeals
The City of Bloomington, et al. v. Andrew Guenther, et al. (mem. dec.)
20A-MI-1900
Miscellaneous. Affirms the denial of the motion to dismiss filed by the city of Bloomington, Mayor John Hamilton, Christopher Cockerham and Nicholas Kappas, which challenged the amended verified complaint for declaratory judgment and writ of quo warranto filed by William Ellis and Andrew Guenther in reference to a Planning Commission appointment. Finds the petitioners have stated sufficient facts to demonstrate that they have standing to bring their complaint for declaratory judgment and request for a writ of quo warranto. Also finds the Monroe Circuit Court did not err in denying the motion to dismiss.

Indiana Court of Appeals
Dawn Riddle and Matthew Riddle v. Syed J. Khan, Chaitanya Chekkilla, and Christopher H. Scruton
20A-PL-1441
Civil plenary. Affirms the grant of summary judgment to Dr. Syed J. Khan, Dr. Chaitanya Chekkilla and Christopher J. Scruton on the claim brought by Dawn and Matthew Riddle under 42 U.S.C. § 1983 for allegedly treating the Riddles’ children without permission. Finds undisputed evidence from which the Tipton Circuit Court could have determined the Riddles were aware of Khan’s alleged violations, which fell outside the statute of limitations period, and Khan’s actions were not part of a continuing wrong that extended the statute of limitations period as to him. Also finds Scruton was not entitled to summary judgment on the statute of limitations period, but because there was no material evidence showing he joined or conspired with the Indiana Department of Child Services to deprive the Riddles of their constitutional rights and no dispute of material fact that he actually deprived them of a constitutionally protected right, he was entitled to summary judgment on those grounds. Finally, finds the Riddles have not presented or designated evidence to establish that Chekkilla was a state employee or that she conspired or joined with any state officials to deprive the Riddles of their constitutional rights of any kind.

Indiana Court of Appeals

Anthony Hughes, et al. v. First American Title Insurance Co. 
20A-PL-01850
Civil plenary. Affirms the Howard Circuit Court order granting summary judgment to First American in litigation filed by Anthony Hughes seeking damages related to an easement not disclosed in a title examination and for a judgment entered against Hughes in a related lawsuit. Finds the Hughes parties should be reimbursed as the trial court ruled, for the actual loss they suffered in reliance on their policy of title insurance, and such loss is the diminution in value of the property caused by the existence of the easement.

Indiana Court of Appeals 

The Lincoln National Life Insurance Company v. Beverly M. Kennedy
20A-PL-837
Civil plenary. Affirms in part, reverses in part and enters full summary judgment in favor of Lincoln National on its complaint for declaratory judgment pertaining to a group long-term disability benefits policy. Concludes that Lincoln National was entitled to full summary judgment as a matter of law based on the policy’s provisions, and therefore, reverses the Washington Circuit Court’s grant of partial summary judgment to Kennedy. Concludes that the trial court did not abuse its discretion when it ordered that Lincoln National was entitled to reimbursement of overpaid benefits, subject to interest.

Indiana Court of Appeal
Clark County REMC v. Glenn Reis, Dale Bottorff, Jimmie Sanders, and Steve Stumler
20A-CT-622
Civil tort. Affirms the grant of summary judgment to Glenn Reis, Dale Bottorff, Jimmie Sanders and Steve Stumler on their breach of contract claim against Clark County REMC. Finds that because there was mutuality of obligation under a policy granting health insurance benefits to certain former directors of Clark County REMC, the Clark Circuit Court did not err by finding the policy to be a contract. Also finds the trial court’s ruling was not contrary to public policy. Judge L. Mark Bailey dissents with separate opinion.

Indiana Court of Appeals

Brent C. Faulk v. Callie J. (Bissell) Faulk
20A-DC-1432
Domestic relations with children. Affirms and reverses in part the decree dissolving the marriage of Brent C. and Callie J. Bissell Faulk. Finds the Boone Superior Court erred in changing Brent and Callie Faulk’s child’s surname and in calculating mother’s income. Also finds the trial court did not err in calculating father’s income or in placing limits on his opportunities for additional parenting time. Remands with instructions to vacate the child’s surname change and to include the value of mother’s in-kind benefits in the calculation of her weekly gross income for child support purposes. Judge Patricia Riley concurs and dissents in part with separate opinion.

Indiana Court of Appeals
Indiana Department of Transportation v. FMG Indianapolis LLC, et al. 
20A-PL-215
Civil plenary. Reverses the Hamilton Superior Court’s order that reversed an Indiana Department of Transportation ruling revoking billboard permits held by FMG Indianapolis. Concludes INDOT’s order revoking FMG’s sign permit and ordering that one of the signs be removed is not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance law.