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Opinions Nov. 10, 2014 ILD

Indiana Court of Appeals
Kwang Moo Yi v. Deer Creek Homeowners Association, Inc, (NFP)
49A05-1405-MI-233
Miscellaneous. Affirms grant of preliminary injunction ordering Yi to disassemble and remove a rain barrel and plumbing system from his property. Remands for consideration of issuance of a permanent injunction as well as an award of attorney fees.

Steve Mitchell v. Dan R. Walker (NFP)
27A05-1405-CC-202
Civil collection. Affirms judgment in favor of Walker on Mitchell’s complaint alleging Walker repossessed a property in violation of the parties’ June 2010 agreement.

Frontline National, LLC v. Kathy Steinhauer (NFP)
93A02-1405-EX-308
Agency action. Affirms denial of Frontline National’s application for review of the order that it pay workers’ compensation benefits to Kathy Steinhauer.

Matthew A. Mahoney v. State of Indiana (NFP)
84A01-1405-CR-191
Criminal. Affirms sentence for three counts of Class B felony sexual misconduct with a minor; Class C felony sexual misconduct with a minor; and one count each of Class D felonies vicarious sexual gratification, child solicitation and dissemination of matter harmful to minors.

In the Matter of the Termination of the Parent-Child Relationship of G.L.: G.W.L., III (Father) v. Ind. Dept. of Child Services (NFP)
71A03-1404-JT-141
Juvenile. Remands for the probate court to enter factual findings that conform to the requirements of the Indiana Trial Rules and Court of Appeals precedent.

Daniel E. Hoagland and Karen S. Hoagland v. Michael C. Mosier and Jeffery A. Mosier, Co-Executors of the Estate of Dorothy H. Mosier, et al. (NFP)
76A03-1403-MI-87
Miscellaneous. Affirms trial court order that counsel file a motion to substitute Michael and Jeffrey Mosier as co-executors of Dorothy Mosier’s estate, the garnishment orders against the Hoaglands, and the order of service of the garnishment order on Hoagland Electric Inc.

Michael Janitz v. State of Indiana (NFP)
49A02-1403-CR-197
Criminal. Affirms Class A misdemeanor battery conviction.

Darnell Johnson v. State of Indiana (NFP)
48A04-1402-CR-82
Criminal. Affirms revocation of probation and execution of previously suspended sentence.

 

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COA: Standard of care same for all doctors

The Indiana Court of Appeals ruled in a medical malpractice claim brought by a former inmate who had gender reassignment surgery that the standard of care for doctors practicing inside prisons is the same as the standard of care for those practicing outside of prison.

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Doctrine of continuing wrong not applicable to man’s malpractice claim

The Indiana Court of Appeals reversed the denial of summary judgment in favor of a physician and a medical group on a patient’s claim of malpractice after the patient learned his allergic reactions were caused by the disinfectant used by the doctor. The judges held the doctrine of continuing wrong does not apply in this case.

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Residents not entitled to refund for alleged Barrett Law violations

The city of Indianapolis does not have to pay nearly $3 million in damages to residents who paid in full their share of the costs of sewer improvements. A couple sued after discovering the city had changed its financing plan and forgave future payments by those who still owed the city.

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Opinions Nov. 7, 2014

Indiana Supreme Court
Gregory F. Zoeller, Attorney General and Rick J. Ruble, Commissioner of the In. Dept. of Labor v. James M. Sweeney, David A. Fagan, Charles Severs et. al.
45S00-1309-PL-596
Civil plenary. Reverses finding by Lake Superior Court that I.C. 22-6-6-8 and 22-6-6-10 violate Article I, Section 21 of the Indiana Constitution. Any compulsion to provide services does not constitute a demand made by the state. Justice Rucker concurs in result with separate opinion.

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