Articles

Opinions July 8, 2021

Indiana Court of Appeals
Linda G. Holsten, individually and as surviving spouse of Paul A. Holsten, Deceased v. Lynn Faur, M.D., and Cameron Memorial Community Hospital, Inc. a/k/a Urgent Care of Cameron Hospital
20A-CT-2072
Civil tort. Vacates the Steuben Circuit Court’s entry of partial summary judgment to Cameron Memorial Community Hospital on the sepsis theory of Linda Holsten’s medical malpractice complaint. Finds the trial court lacked subject matter jurisdiction over the sepsis theory portion of Holsten’s claim because it was not presented to the medical review panel. Remands with instructions for the trial court to dismiss, without prejudice, the sepsis theory portion of her claim.

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Opinions July 7, 2021

Craig Blackwell v. Superior Safe Rooms, LLC, et al.
20A-PL-02081
Civil plenary. Reverses the denial of Craig Blackwell’s motion to pierce judgment of defendant’s – Superior Safe Rooms, LLC – corporate veil and hold garnishee defendants – Superior, Wharff Excavating, LLC, Michael M. Wharff, and John H. Byers –liable for plaintiff’s judgment. Finds the Hendricks Circuit Court erred when it failed to find as a fact that the contract for the safe room was between Blackwell and Superior, failed to make necessary findings, as requested by Blackwell, about factors relevant to disregarding Superior’s corporate form. Also finds the trial court clearly erred in concluding “Blackwell presented no evidence that any of the Aronson vs. Price, 644 N.E.2d 864, 867 (Ind. 1994)… factors CAUSED [his] damages.”

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Opinions July 6, 2021

Indiana Court of Appeals
Charles William Smith, Jr. v. State of Indiana (mem. dec.)
20A-CR-2311
Criminal. Affirms Charles Smith Jr.’s conviction for Level 2 felony dealing in cocaine. Finds Smith unambiguously waived his right to be free from searches without reasonable suspicion as a condition of his placement in community corrections, so Marion County Community Corrections had Smith’s consent to search his residence. Also finds sufficient evidence to support the conviction.

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Opinions July 1, 2021

The following Indiana Supreme Court opinion was posted after IL deadline on Wednesday:

Kevin Charles Isom v. State of Indiana
45S00-1508-PD-00508
Post conviction. Affirms the post-conviction court’s judgment against Kevin Isom. Finds the post-conviction court was correct to hold Isom to his burden of presenting developed legal theories and establishing the grounds for relief. Finds Isom has not established that the post-conviction court erred on multiple grounds, including in denying his renewed motion for a competency hearing; denying his discovery request for the State’s lethal-injection protocol and finding execution-validity challenge waived; denying his discovery request for juror contact information and finding issue waived; limiting the testimony of two expert witnesses; and finding his challenge to his petition’s filing date waived.

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Opinions June 30, 2021

Indiana Supreme Court
Jeffrey B. Cutchin v. Amy L. Beard
21S-CQ-48
Certified question. Finds the Indiana Medical Malpractice Act applies when a plaintiff alleges that a qualified health care provider treated someone else negligently and that the negligent treatment injured the plaintiff. Declines to answer the question of whether the act prohibits the Patient’s Compensation Fund from contesting the act’s applicability to a claim after the claimant concludes a court-approved settlement with a covered health care provider. Justice Steven David concurs in result with separate opinion.

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