Judgment affirmed in failed Corydon auto dealership sale
The Indiana Court of Appeals affirmed summary judgment in favor of a planned buyer of a Corydon auto dealership in a dispute that arose after the sale fell through.
Indiana Court of Appeals
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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.
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.
Man’s 57-year conviction affirmed in fatal shooting, chase
A southern Indiana man who shot and killed a woman he believed was pulling a gun on him, and who subsequently fled, crashed a vehicle and stole another before leading police on a meth-fueled chase will continue to serve a 57-year sentence for his crimes.
RV worker paralyzed on job can’t pursue product liability claim
An installer of “slide-out” box units on recreational vehicles who was partially paralyzed after one of the units fell from an RV and onto his back cannot sue under the Indiana Product Liability Act, the Indiana Court of Appeals held Tuesday.
Appeals court upholds moratorium on new nursing homes
A moratorium on new nursing home licenses passed by the legislature in 2015 that applied to proposals seeking approval prior to the bill’s passage was affirmed Tuesday by the Indiana Court of Appeals.
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.
Justices to hear insanity appeal in pastor’s fatal shooting
The Indiana Supreme Court will hear the state’s challenge of an Indiana Court of Appeals order to enter a not guilty by reason of insanity judgment for a woman who shot and killed a Southport pastor.
Justices reduce delinquency adjudication lacking evidence
The Indiana Supreme Court on Friday reduced the juvenile delinquency adjudication of a minor who threw a brick through a car window, finding the state failed to prove the act of criminal mischief resulted in damages of $750 or more.
Supreme Court to hear three cases on Friday
The Indiana Supreme Court will grapple with tax law, sex offenders and juvenile delinquents when it hears oral arguments tomorrow in three cases.
COA sends environmental contamination case to Vanderburgh County
An environmental contamination complaint originally filed in Warrick County must be transferred to Vanderburgh County after the Indiana Court of Appeals found no statutory basis to deny a motion to transfer venue.
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.
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.
Winning briefs: Conviction reversed for man found in underwear
A Knox County man convicted of public intoxication after being found in public wearing only underwear has won his appeal after the Indiana Court of Appeals found insufficient evidence to support the Class B misdemeanor.
Court of Appeals traveling to Lafayette for oral argument
The Indiana Court of Appeals is headed north this week to hear an oral argument in Tippecanoe County. The appellate panel will hear the case at 10:30 a.m. Thursday in Room 1333 of Ivy Hall, 3101 S. Creasy Lane, Lafayette.
Appellate court upholds dissolution decree in ‘fierce’ divorce case
In a ruling on a contentious divorce case that involved parties “exploiting the judicial system to its fullest extent,” the Indiana Court of Appeals has affirmed the provisions of the Sullivan Circuit Court’s dissolution order.
COA orders transfer of motor carrier suit to Kosciusko County
The Marion Superior Court must transfer a case against a commercial motor carrier to Kosciusko County after the Indiana Court of Appeals determined the northern Indiana county is the preferred venue.
Indiana Court decisions – Feb. 15-28, 2018
Read Indiana appellate court decisions from the latest reporting period.
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.”
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.