High court to hear negligence, drunken driving cases in January arguments
The Indiana Supreme Court is scheduled to kick off the new year with two oral arguments on the schedule.
Court opinions
Articles
Opinions Dec. 28, 2021
Indiana Court of Appeals
Kim M. Lloyd v. Lawrence Kuznar and Trustees of Purdue University
21A-CT-1338
Civil tort. Affirms the Allen Superior Court’s denial of Kim Lloyd’s Trial Rule 60(B) motion to the extent it sought to set aside the dismissal of her complaint against Lawrence Kuznar and Trustees of Purdue University. Finds Lloyd cannot revive her claims because she stopped participating in the litigation and failed to keep the trial court apprised of her address, which resulted in their dismissal. Finds the trial court erred in denying Lloyd’s Trial Rule 60(B) motion with respect to the default judgment entered against her on Kuznar’s counterclaim and reverses on that portion. Remands for further proceedings.
Opinions Dec. 23, 2021
The following opinions were posted after IL deadline on Wednesday:
7th Circuit Court of Appeals
Brooke Persinger v. Southwest Credit Systems, L.P.
21-1037
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the district court’s grant of summary judgment to Southwest Credit Systems L.P. in a dispute with Brooke Persinger. Finds Southwest’s compliance procedures were reasonable and thus met the Fair Credit Reporting Act requirements. Also finds the evidence shows that Southwest had a reasonable basis for relying on its procedures and that summary judgment for Southwest was appropriate because no reasonable juror could conclude that the inquiry into Persinger’s propensity‐to‐pay score resulted in actual damages.
7th Circuit affirms for ruling collections company in credit information dispute
A collections company’s compliance procedures were reasonable and met the requirements of the Fair Credit Reporting Act in its pursuit of collecting from an Indiana woman, the 7th Circuit Court of Appeals has ruled.
Supreme Court grants 3 transfer petitions, denies 11
A petition to transfer in a dispute over the removal of highway billboards split the Indiana Supreme Court but did not gain enough votes to be heard by the justices.
Appellate court allows enhanced sentence to stand
An Indianapolis man who described his offenses as “being in a truck with drugs and a gun” was unable to get his sentence reduced after the Court of Appeals of Indiana rejected his argument that his six-year enhancement for being a habitual offender was an impermissible double enhancement.
COA: Injured construction worker was independent contractor, not employee
A construction worker injured in a building collapse was, in fact, an independent contractor, the Court of Appeals of Indiana has concluded, rejecting an earlier finding that the worker was actually an employee of the company he sued.
COA affirms denial of motion to drop unlawful possession of a firearm charge
An Indianapolis man will not have his charge of unlawful possession of a firearm by a serious violent felon dropped, as the Court of Appeals of Indiana affirmed his constitutional rights weren’t infringed upon when the state applied Indiana Code § 35-47-4-5 to his case.
Indiana Court Decisions – Dec. 1-15, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Opinions Dec. 17, 2021
Court of Appeals of Indiana
In the Matter of the Power of Attorney of Darlene DeHart, Jeff DeHart v. Darlene DeHart
21A-GM-1043
Guardianship, miscellaneous. Affirms the Johnson Superior Court’s denial of a petition by Jeff DeHart to release an accounting of his mother, Darlene’s, finances. Finds the order is in the best interests of Darlene. Also finds the trial court erred in having Jeff bear the burden of proof instead of Darlene, but holds it harmless. Finally, finds Darlene was competent in appointing her daughter, Christine, as attorney-in-fact, and she is entitled to privacy in the management of her finances.
Son not entitled to accounting of mom’s finances from POA daughter, appellate court rules
A Greenwood man will not obtain an accounting of his mother’s finances, as the Court of Appeals of Indiana has affirmed it is in the best interest of the woman that those details stay between her and the daughter she named as her guardian.
Trial court abused discretion in granting grandparent visitation, COA rules
The Court of Appeals of Indiana has tossed a postadoption visitation order for a maternal grandmother, finding the Jennings Superior Court abused its discretion by ignoring the requirements and, in part, ordering contact four years after the adoption was completed.
Appellate court reinstates med-mal case against doctor who wasn’t served for 1 year
A doctor who wasn’t notified of a lawsuit against him until one year after it was filed must face the lawsuit after the Court of Appeals of Indiana reversed its dismissal.
COA: Trust invalid due to unclear beneficiaries
A man serving as personal representative of his brother’s estate has failed to convince the Court of Appeals of Indiana that the language in a will left by his deceased brother created a valid trust in his name.
Opinions Dec. 14, 2021
Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of: AJ.D., J.A., and A.D. (Minor Children), and A.A. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1394
Juvenile termination of parental rights. Affirms the termination of mother A.A.’s parental rights to her children, J.D., J.A. and A.D. Finds ample evidence to support the findings and conclusion that there is a reasonable probability that the reasons for the children’s removal from A.A. and continued placement outside her home will not be remedied. Also finds the Madison Circuit Court did not clearly err in terminating A.A.’s parental rights.
Tax Court reverts Hobart mall’s property tax assessments, finds neither party met burden of proof
Neither an assessor nor a longtime northern Indiana shopping mall met their burdens of proof in an appeal contesting tax assessments of the mall’s property for 2015 and 2016, the Indiana Tax Court concluded, ordering for the assessments to revert back to their 2010 value.
Opinions Dec. 13, 2021
Court of Appeals of Indiana
Abram Lamar Glover v. State of Indiana
21A-CR-1422
Criminal. Affirms Abram Glover’s convictions for Level 6 felony strangulation and Level 6 felony domestic battery. Finds the Knox Superior Court did not abuse its discretion in how it regulated the form and substance of Glover’s jury selection or when it denied Glover’s motion for a mistrial and instead admonished the jury not to consider E.A.’s statement. Also finds the state’s comment in its opening statement was not prosecutorial misconduct and that it did not place Glover in “a position of grave peril to which he would not have been subjected otherwise.”
COA affirms domestic violence convictions after trial court declines mistrial
Finding no prosecutorial misconduct or circumstances warranting a mistrial, the Court of Appeals of Indiana has affirmed a man’s two felony convictions following a domestic violence incident.
Opinions Dec. 10, 2021
7th Circuit Court of Appeals
Nickolas Seekins v. CHEP USA and CHEP Recycled Pallet Solutions, LLC
20-3270
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms the Indiana Southern District Court’s grant of summary judgment to CHEP USA and CHEP Recycled Pallet Solutions in a dispute with Nickolas Seekins. Finds CHEP did not owe Seekins a duty of care under Indiana negligence law after his lost his foot in a work-related accident. Also finds the district court did not err in granting summary judgment to CHEP.
COA reinstates much of Gary’s welcoming ordinance
The city of Gary can roll out the welcome mat once again after the Court of Appeals of Indiana found that much of its welcoming ordinance did not violate state law.