COA affirms $2.13M award against trucking firm in crash
A Tippecanoe County jury’s award of $2.13 million in damages to a woman permanently injured in a crash that killed her fiancé was affirmed Thursday by the Indiana Court of Appeals.
Indiana Court of Appeals
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COA: Expert should have testified about personal medical practices
In a case of first impression, the Indiana Court of Appeals ruled a patient in a medical malpractice case should have been able to cross-examine the medical expert about his personal medical practices.
New Jersey man to get attorney fees, interest in failed real estate deal
After affirming the denial of summary judgment to northern Indiana landowners who misrepresented a property zoning to a potential buyer, the Indiana Court of Appeals also reversed the denial of attorney fees and prejudgment and post-judgment interest to the buyer.
COA reverses woman’s conviction for violation of protective order
A woman who sent an email to the board of elders of her former church did not violate the church pastor’s protective order against her because the email was intended for the elders, not the pastor, a divided Indiana Court of Appeals ruled Wednesday.
Appeals court affirms denial of workers’ comp benefits
A divided Indiana Court of Appeals has affirmed the Indiana Worker’s Compensation Board’s decision to deny workers’ compensation benefits to a man after determining that his medical problems were not related to an on-the-job injury in 2010.
Charges dropped against wife in judge-threat case
The wife of an Indiana Court of Appeals judge is no longer facing criminal charges for allegedly making threats against the judge that she told police were made by their son-in-law.
COA corrects erroneous conclusion in footnote in post-conviction case
After granting rehearing to correct an error in a footnote of an earlier opinion, the Indiana Court of Appeals has affirmed its March decision to give a Franklin County man a second chance at post-conviction relief.
COA rejects self-defense claim against battery charge
A man who punched a racer at a southern Indiana racing track cannot claim self-defense to rebut his battery charge because the facts show that the man was the initial aggressor against the racer, the Indiana Court of Appeals held Friday.
COA recommends judge’s recusal in remand of motion to contest adoption
In a 41-page opinion handed down Thursday, the Indiana Court of Appeals reversed the dismissal of a putative father’s motion to contest adoption, finding that the adoptive parents had caused delays in the court proceedings and also noting that the judge in the case should have recused himself to avoid the appearance of impropriety.
COA affirms summary judgment to parents in family land dispute
After a yearslong dispute between northern Indiana parents and their daughter and son-in-law, the Indiana Court of Appeals has affirmed the grant of partial summary judgment to the parents, finding that a real estate contract between the two couples was unenforceable.
Man convicted in IU student’s death appeals 80-year sentence
A man serving an 80-year prison sentence for the beating death of an Indiana University student is appealing his sentence.
Summary judgment for DCS on age, sex discrimination charges affirmed
The Indiana Department of Child Services did not discriminate against a former employee seeking to come out of retirement when it declined to move him through the interview process, the Indiana Court of Appeals decided Friday.
COA affirms closing of unsupervised estate
In a dispute between two northern Indiana sisters, the Indiana Court of Appeals has affirmed the trial court’s decision to close the unsupervised estate of the sisters’ father, finding that the trial court did not apply the wrong legal or statutory standards when closing the estate.
COA: Vectren projects fail to meet TDSIC requirements
The Indiana Court of Appeals has pulled the plug on a power company’s plan to hike rates without allowing the public to view and comment on the proposal.
OWI charge vacated on double jeopardy concerns
A divided Indiana Court of Appeals has reversed one count of operating while intoxicated against a Columbus man, finding that merging the two counts together for sentencing purposes does not satisfy double jeopardy concerns.
COA reverses protective order on basis of res judicata
In a case that Indiana Court of Appeals Judge Rudolph Pyle described as a “prime example of forum shopping,” the appellate court has reversed the grant of a petitioner’s third petition for a protective order because the petition is barred by the doctrine of res judicata.
COA reverses dissolution decree imputing potential income to mother
A divided Indiana Court of Appeals has reversed the terms of a marriage dissolution decree, finding the trial court erred in imputing potential income to the mother based on the fact that she should now be able to work full-time because her children are older.
COA hears malpractice case involving former Conour associate
Roughly five years after former Indianapolis personal injury attorney William Conour was charged in a federal wire fraud case, the Indiana Court of Appeals heard a legal malpractice action involving one of his ex-colleagues for alleged malpractice. One of Conour's victims claims the attorney's actions kept her in the dark about theft of her settlement money.
COA upholds electric utility’s rate hike
Finding substantial evidence supporting a regulatory body’s ruling, the Indiana Court of Appeals denied an attempt by Citizens Action Coalition of Indiana to overturn approval for a utility rate hike.
Appellate court interprets amended habitual offender statute
The Indiana Court of Appeals, after finding the language of the habitual offender statute doesn’t support either the defendant’s or the state’s interpretation, reversed the denial of the defendant’s objection to his habitual counts and ordered the trial court to review the matter.