Articles

COA affirms summary judgment for estate on negligence claim

An Indiana couple trying to bring a negligence claim against the lessor of a home with an allegedly-defective handrail can pursue neither a negligence per se argument nor a private-right-of-action argument, the Indiana Court of Appeals ruled in a Tuesday opinion discussing the differences between those doctrines.

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Justices deny transfer to child molesting case

A northern Indiana child molester will not be permitted to argue his case before the Indiana Supreme Court after a majority of justices denied his petition to transfer, though two dissenting justices found omissions in the record that they believe warranting their review of the case.

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Court affirms son owes dad $40K in appraisal fees

A dispute between a Howard County father and son who operated a real estate appraisal business was rightly decided by the trial court, which found the son owed his father more than $40,000 in past-due appraisal fees.

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Summary judgment for Steak ‘n Shake in patron’s shooting reversed

In a case watched closely by both the plaintiffs and defense bar, the Indiana Court of Appeals reversed summary judgment for Steak ‘n Shake after determining the chain owed a duty to a customer at an Indianapolis restaurant who was shot in the face during an escalating conflict with another patron.

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COA remands subrogation claim for fire damages

The Boone Superior Court must reconsider a subrogation claim arising from a fire on leased property after the Indiana Court of Appeals remanded the case for further examination of whether the property owners’ insurer has the right to seek damages from the tenants who caused the fire.

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Divided COA reverses unemployment tax ruling

An Indiana business will not have to pay unemployment insurance taxes on wages paid to an independent contractor after a divided panel of the Indiana Court of Appeals found the contractor was not statutorily considered the business’ “employee.”

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Appellate court remands for amended Abstract of Judgment

An Indiana trial court must enter an amended Abstract of Judgment for an offender recommended for the Indiana Department of Correction’s Purposeful Incarceration program after the Indiana Court of Appeals determined the initial order did not explicitly allow for a sentence modification.

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COA: PCR records can be expunged

The Indiana Court of Appeals has overturned the denial of a man’s request for expungement of his post-conviction relief proceedings after determining the Allen Superior Court erred in finding PCR records are not covered by Indiana’s expungement statutes.

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