Court opinions

Court of Appeals of Indiana
Jatinder K. Kansal, M.D., P.C. v. Taylor Krieter
22A-CT-2646
Civil tort. Affirms the Lake Superior Court’s denial of Dr. Jatinder Kansal’s motion to dismiss Taylor Krieter’s complaint alleging battery and intentional infliction of emotional distress. Finds that assuming sexual misconduct occurred as Krieter alleged, it was wholly unrelated to the provision of medical care, so she is not claiming medical malpractice, the Medical Malpractice Act doesn’t apply and the trial court has subject-matter jurisdiction.

Court of Appeals of Indiana
John Simpson and Monroe LLC v. Brown County Board of Commissioners; Chuck Braden, in his official capacity; Diana Biddle, in her official capacity; and Jerry Pittman, in his official capacity
22A-PL-3102
Civil plenary. Affirms the Bartholomew Circuit Court’s dismissal of John Simpson and Monroe LLC’s complaint against the Brown County Board of Commissioners and its members. Finds that Simpson’s claim sounding in tort is barred as a matter of law. Also finds the trial court did not err when it dismissed Simpson’s complaint pursuant to Indiana Trial Rule 12(B)(6).

Court of Appeals of Indiana
Red Lobster Restaurants LLC, and Progressive Flooring Services, Inc., and Dwayne Featheroff v. Abigail Fricke
22A-CT-2221
Civil tort. Affirms the Marion Superior Court’s denial of Red Lobster Restaurants LLC’s motion for summary judgment in a personal injury action filed against it by Abigail Fricke.  Finds the trial court did not abuse its discretion when it denied Red Lobster’s motion to strike Fricke’s affidavit. Also finds the trial court did not err when it denied Red Lobster’s motion for summary judgment because Fricke had standing to bring suit in her own name, and a genuine issue of material fact exists regarding whether Fricke intentionally concealed her personal injury lawsuit from the bankruptcy court.

Court of Appeals of Indiana

In the Matter of the Adoption of G.J., Minor Child, D.A. v. D.J. (mem. dec.)
22A-AD-2828
Adoption. Affirms LaGrange Circuit Court’s ruling that that the consent of D.J., father of G.J., was required for the adoption of the child by D.A., the child’s stepfather. Finds D.A. has not overcome the presumption that a trial court’s ruling in an adoption case is correct. Also, finds evidence in the record supporting the trial court’s conclusion.

Edwin Joseph Rigaud v. State of Indiana (mem. dec.)
22A-CR-2545
Criminal. Affirms Edwin Rigaud’s conviction for misdemeanor reckless driving. Finds the evidence presented of Riguad driving past a stationary school bus with an extended stop arm was sufficient to support the conviction. Judge Elizabeth Tavitas concurs in result without opinion.

Rene Martinez v. Kilolo Kijakazi, Acting Commissioner of Social Security
22-1820
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Robert Miller.
Civil. Vacates the district court’s denial of Rene Martinez’s application for supplemental security income. Finds the administrative law judge’s decision is not supported by substantial evidence. Remands for further consideration.

Court of Appeals of Indiana
Thomas J. Herr v. State of Indiana
22A-PL-142
Civil plenary. Affirms the Tippecanoe Superior Court’s grant of summary judgment to the state and the denial of summary judgment to Thomas Herr on his claim that the Tippecanoe County closed primary election system is unconstitutional. Finds Herr has failed to show that Tippecanoe County’s closed primary system for electing judges violates the First or 14^th Amendments, so the trial court did not err in denying his motion for summary judgment and granting the state’s. Also finds the trial court did not err in determining Tippecanoe County’s closed primary election system does not violate Herr’s right to vote under the Indiana Constitution. Finally, finds the trial court did not err in determining the closed primary system does not violate Herr’s rights under the privileges and immunities clause of the Indiana Constitution.