COA reinstates much of Gary’s welcoming ordinance
The city of Gary can roll out the welcome mat once again after the Court of Appeals of Indiana found that much of its welcoming ordinance did not violate state law.
Indiana Court of Appeals
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Supreme Court affirms ruling for INDOT in injured motorist’s negligence case
An injured motorist who crashed his car into a tree after hydroplaning on Interstate 74 during a downpour did not convince the Indiana Supreme Court that his negligence suit against the Indiana Department of Transportation should proceed.
Split Supreme Court reverses summary judgment, immunity for INDOT in hydroplane lawsuit
Immunity for the Indiana Department of Transportation against a motorist’s personal injury lawsuit wasn’t appropriate because the agency knew of flooding issues on a northern Indiana highway for years and failed to remedy the problem before a woman was injured after her vehicle hydroplaned, a split Indiana Supreme Court has ruled.
COA to hear oral arguments in medical privacy case for second time
A Lake County lawsuit alleging medical privacy violations when a dog groomer’s X-rays were shared in her workplace after her boss’s husband accessed them is heading back to the Court of Appeals of Indiana for arguments next week.
COA reverses possession conviction, finds Drugs.com not admissible as drug identification
A man convicted on multiple drug charges has secured a partial reversal after the Court of Appeals of Indiana determined that evidence obtained from a drug information website was inadmissible at his trial.
Ex-hospital employee’s unauthorized access to patient info leaves genuine questions of fact, COA rules
A hospital group and its former employee at odds over her unauthorized access of confidential patient records aren’t quite finished with their legal battle, the Court of Appeals of Indiana ruled Wednesday.
Appellate court affirms dismissal of contractor’s counterclaims after use of fraudulent docs
A contractor’s counterclaims against a group of property owners will not move forward after the Court of Appeals of Indiana determined a trial court didn’t err when it granted partial summary judgment to the owners because the contractor tendered fraudulent documents.
Supreme Court adopts Savage rule, finds Celadon not liable for driver injury
In a case of first impression, a split Indiana Supreme Court adopted the Savage rule in finding that Celadon Group was not liable for injuries a truck driver sustained when he opened the doors of a trailer and a load of “used, oily trays” fell on him.
COA reverses motions panel, dismisses untimely interlocutory appeal
Despite a motions panel allowing a belated appeal in an employment dispute, a different panel of the Court of Appeals of Indiana dismissed the appeal as forfeited, finding no “extraordinarily compelling” reasons to restore it.
Indiana Court Decisions – Nov. 17-30, 2021
Read Indiana appellate court decisions from the most recent reporting period.
COA reinstates kidnapping case, says trial court erred in dismissing charging information
A man accused of kidnapping and confining his girlfriend must face felony charges after the Court of Appeals of Indiana reinstated the case against him, finding the trial court misapplied the law in dismissing the charging information.
Justices deny 19 petitions to transfer
The Indiana Supreme Court has denied 19 cases on petition to transfer, rejecting a handful of cases involving medical malpractice, school threats and sentence modifications.
COA: Dissolution of marriage reversed in part for recalculation of marital estate
The Court of Appeals of Indiana has partially affirmed and reversed a couple’s dissolution of marriage, ordering the Hancock Circuit Court to recalculate and redetermine a just and reasonable division of the marital estate.
COA affirms dismissal of COVID-19 lawsuit by Granger parents against local school corporation, health department
A pair of Northern Indiana parents did not present a legal cause of action in a lawsuit filed against their local health department and children’s school corporation regarding decisions to conduct virtual learning during the COVID-19 pandemic, the Court of Appeals of Indiana has ruled.
COA affirms division of marital assets
In a divorce dispute that has lasted nearly as long as the marriage, the Court of Appeals of Indiana found the trial court did not abuse its discretion by awarding more assets to the wife than she had originally brought into the union.
COA: Roadside tech struck by tire entitled to underinsured-motorist benefits
An auto insurance company couldn’t convince the Court of Appeals of Indiana to change its mind about allowing a roadside assistance worker to receive underinsured-motorist coverage after he was injured while working.
State secures reversal in Carmel residents’ inverse condemnation action
No settlement agreement was reached between the state of Indiana and two Carmel landowners who brought an inverse condemnation action costing the state more than $200,000, the Court of Appeals of Indiana ruled in a Wednesday reversal.
COA partially reverses denial of suppression in father’s murder, neglect case
A man charged with the murder of his 12-year-old son won a partial reversal from the Court of Appeals of Indiana after his motion to suppress evidence against him was denied.
Multimillion-dollar lawsuit against Indianapolis apartment complex can proceed, COA rules
A pro se litigant who filed a $2.5 million lawsuit in Marion Superior Court using a small claims form will be able to seek damages from her landlord after the Court of Appeals of Indiana found res judicata did not bar all her claims.
Appeal of temporary involuntary commitment dismissed, but dissent calls for Supreme Court clarification
A woman’s appeal of her involuntary mental health commitment has been dismissed as moot because she has already been released from commitment. However, the Court of Appeals of Indiana split sharply in the decision, with the dissenting judge calling on the Indiana Supreme Court to clarify recent precedent on how appeals of temporary involuntary commitments should be decided.