Court opinions

WEOC, Inc. d/b/a Wings, Etc. and Romo, LLC, d/b/a El Cantarito v. Leah Niebauer, as Special Representative of the Estate of Nathan Blount, Deceased
22A-CT-1869
Civil tort. Affirms the denial of Wings Etc. and El Cantarito’s motion to dismiss Count 3 of the wrongful death suit brought by Leah Niebauer, special representative of the Estate of Nathan Blount. Finds the estate’s claim for negligent furnishing of alcoholic beverage does state a claim upon which relief can be granted.

Court of Appeals of Indiana
United Farm Family Mutual Insurance Company v. Hudson Insurance Company
22A-PL-00544
Civil plenary. Reverses summary judgment in insurance claim case. Finds the Marion Superior Court erroneously granted summary judgment in favor of Hudson Insurance Company. Remands for further proceedings to assess the amount of “statutory interest and all legal fees and costs incurred in pursuing collection until the award is paid.”

Court of Appeals of Indiana
Gregory Wireman v. LaPorte Hospital Co., LLC
22A-CT-2639
Civil tort. Affirms summary judgment in favor of the LaPorte Hospital. Finds the LaPorte Circuit Court did not err by concluding that the doctrine of res ipsa loquitur does not apply to Gregory Wireman’s claims.

7th Circuit Court of Appeals
Kristie A. Alley v. Penguin Random House
21-3158
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Affirms the grant of summary judgment to Penguin Random House on Kristie Alley’s retaliation claim, and the earlier dismissal of her breach of contract claim. Finds a reasonable juror could not find that Alley’s demotion was due to her engagement in a protected activity. Also finds Penguin’s employee Code of Conduct did not convert Alley’s at will employment into a contractual relationship. Judge Candace Jackson-Akiwumi dissents with separate opinion.

Court of Appeals of Indiana
Indiana Office of Utility Consumer Counselor, Duke Industrial Group, and Citizens Action Coalition of Indiana, Inc. v. Duke Energy Indiana, LLC, and Indiana Utility Regulatory Commission
22A-EX-1685
Agency action. Affirms the Indiana Utility Regulatory Commission’s grant of Duke Energy Indiana LLC’s petition for approval of a six-year plan for transmission, distribution and storage system improvements pursuant to Indiana Code § 8-1-39-10(a). Finds the IURC neither misapplied the challenged section of the TDSIC statute nor failed to make necessary factual findings.

Court of Appeals of Indiana
In re the Paternity of C.R. Korey B. Ricciardi v. Christina Feiock (mem. dec.)
22A-JP-2255
Juvenile paternity. Reverses the Johnson Circuit Court’s order finding father Korey B. Ricciardi in contempt and any associated sanctions, including those related to makeup visits and that Ricciardi pay $1,500 to mother Christina Feiock’s attorney. Finds Ricciardi’s conclusion that Feiock was not entitled to midweek parenting time was not unreasonable. Also finds Ricciardi did not willfully disobey the court’s order. Finally, finds Ricciardi has demonstrated prima facie error.

Court of Appeals of Indiana
David Kelly v. Paul Goldberg and The Crown Hill Cemetery d/b/a Crown Hill Cemetery (mem. dec.)
22A-CT-2266
Civil tort. Reserves the Marion Superior Court’s order granting Paul Goldberg’s Verified Motion to Set Aside Default Judgment. Finds the trial court abused its discretion in granting Goldberg relief under Trial Rule 60(B). Remands with instructions to reinstate default judgment in favor of David Kelly.