Former COA Judge Garrard dies at 91
Former Court of Appeals of Indiana Judge William I. Garrard, 91, died June 2.
Indiana Court of Appeals
Articles
Doctor’s affidavit, along with medical records and testimony, precluded summary judgment in negligence case, COA rules in reversal
A doctor’s affidavit, along with medical records and another doctor’s deposition, created a genuine issue of material fact that precluded the entry of summary judgment in favor of a widow in a medical negligence case, the Court of Appeals of Indiana has ruled.
Man showed insufficient causation for pre-accident pain, headaches, COA affirms
A man’s negligence claims for a 2018 car accident only apply to a shoulder injury sustained in the crash and not to pain from any pre-existing injuries or ailments, the Court of Appeals of Indiana ruled Monday in affirming a lower court’s decision.
COA: No abuse of discretion in setting aside stipulated order in property sale, liens case
A trial court did not abuse its discretion when it granted a motion from a receiver and contractors to set aside a stipulated order in a case involving liens and a property sale, the Court of Appeals of Indiana has ruled.
Indiana’s high court to consider privacy in ‘bizarre’ Community Health case
Who is responsible when a hospital sends a patient’s diagnosis to the wrong person and that person immediately posts the information on Facebook for hundreds to see?
Split COA, reverses, remands in case involving home heights, view of Lake Michigan
A split Court of Appeals of Indiana reversed a motion to dismiss and remanded for further proceedings on whether an Ogden Dunes couple can build a house taller than 30 feet that would obstruct the lake view of the houses behind them.
Landlords not liable for mail carrier being bitten by dog, COA affirms
An Evansville couple weren’t responsible under the state’s dog bite statute for a tenant’s terrier that bit a United States Postal Service mail carrier, the Court of Appeals of Indiana affirmed Friday in upholding a trial court’s granting of summary judgment.
COA affirms declaratory judgment in case involving Clinton Co. sheriff who hired wife as jail matron
The Court of Appeals of Indiana affirmed a trial court’s declaratory judgment in a case involving Clinton County’s sheriff and his wife.
Indiana Medical Malpractice Act applies to claims in surgical procedures case, COA affirms
The Indiana Medical Malpractice Act applies to claims in a consolidated class-action lawsuit concerning a hospital technician’s failure to sterilize surgical equipment, the Court of Appeals of Indiana has ruled in partially affirming a lower court’s decision.
COA reverses and dismisses medical negligence case
An injured high school student needed to submit her complaint to a medical review panel before she presented it to a trial court, the Court of Appeals of Indiana ruled Wednesday in reversing and dismissing a case that alleged negligence.
COA affirms denial of post-conviction petition in sex crimes case
The Court of Appeals of Indiana denied a man’s post-conviction appeal Wednesday of his conviction and sentence for sexual misconduct with a minor, affirming that he received effective assistance from counsel and knowingly pleaded guilty in the case.
Trial court has jurisdiction over complaint against streaming services, COA affirms
The Court of Appeals of Indiana affirmed and remanded a case in which four Indiana cities allege streaming services are subjected to requirements of the Indiana Video Service Franchises Act, ruling that Marion Superior Court has the authority to hear the case.
COA grants rehearing, but reaffirms conspiracy to commit murder conviction
The Court of Appeals of Indiana granted a rehearing Tuesday and corrected a factual error in an opinion issued in April, but the court otherwise reaffirmed its ruling that there was sufficient evidence to support a conspiracy to commit murder conviction.
COA affirms man’s 9-year sentence for sex crimes against minor
A trial court didn’t abuse its discretion when it did not find a man’s autism spectrum disorder diagnosis to be a mitigating circumstance in his 2022 sentencing for sex crimes against a minor, the Court of Appeals of Indiana affirmed Monday.
Company that personalizes products shouldn’t be considered manufacturer in fire damage case, COA affirms
A promotional company that personalizes products shouldn’t be considered the manufacturer of a defective charger that caused a fire, the Court of Appeals of Indiana ruled in affirming a lower court’s decision.
COA rehearing produces same result, as court rules in state pharmacy board’s favor
A former pharmacist’s inability to allege an ongoing violation of federal law has negated his attempt to prevail in his case against the Indiana Board of Pharmacy, the Court of Appeals of Indiana ruled Thursday.
IN Supreme Court affirms LWOP sentence for man involved in 2019 gang torture, killing
A man who received life without parole for his role in torturing and killing a woman failed to convince the Indiana Supreme Court that three statutory aggravators applied to his murder conviction were inappropriate.
COA rejects appeal, affirms felony conviction for father convicted of battering autistic son
The Court of Appeals of Indiana has rejected a father’s parental privilege defense and affirmed the man’s conviction for felony battery of his autistic son.
Robb granted senior judge status ahead of retirement
As she prepares to retire after 25 years on the appellate bench, Court of Appeals of Indiana Judge Margret Robb has been granted certification as a senior judge.
COA reverses judgment giving visitation rights to grandfather in adoption case
Finding a grandfather lacked standing to seek grandparent visitation, the Court of Appeals of Indiana has reversed the grant of visitation rights to the grandfather in an adoption case.