Opinions Dec. 23, 2015

Indiana Court of Appeals
Raymond Kerr v. City of South Bend
71A03-1502-CT-49
Civil tort. Affirms in part and reverses in part summary judgment for the city on Kerr’s complaint alleging that noxious gases from its sewer lines had been forced into his home. Finds Kerr’s claims are barred by the statute of limitations insofar as they relate to injury to his health. A portion of his claims may proceed insofar as they relate to damage to his property. Remands for further proceedings.

Carole Storch, as Personal Representative for the Estate of Charles Sindledecker v. Provision Living, LLC; PVL Tenant Holdings, LLC, d/b/a Greentree at Fort Harrison
49A02-1505-CT-352
Civil tort. Reverses the trial court’s holding that Carole Storch’s father’s estate is not entitled to an award of attorney fees pursuant to a residence agreement entered into between her father and his assisted living facility. The plain language of the residence agreement compels an award of attorney fees in this case.

Melvin C. Hamilton v. State of Indiana
65A04-1412-CR-592
Criminal. Grants rehearing for further clarification on improper admission of certain vouching testimony. Reaffirms original decision.

Sharpsville Community Ambulance, Inc. v. Cynthia Gilbert and Randall Gilbert
34A05-1503-CT-101
Civil tort. Affirms on interlocutory appeal the decision that Sharpsville is not entitled to the protections of the Indiana Tort Claims Act because it is a private company rather than a governmental entity. The trial court did not err, given precedent from the Indiana Supreme Court and the requirement that courts strictly construe statutes in derogation of the common law. Remands for further proceedings.

Eugene J. Topolski v. Bonnie Egan
20A05-1502-CC-82
Civil collection. Affirms $85,104.14 award to Egan for back pay, liquidated damages and attorney fees for unpaid wages earned while working as Topolski’s legal assistant. Sufficient evidence supports the calculation of the unpaid back pay owed to her and the trial court correctly awarded liquidated damages and attorney fees to Eagan under I.C. 22-2-5-2.

Stephen D. Booker v. State of Indiana (mem. dec.)
02A04-1505-CR-307
Criminal. Affirms 18-year sentence for Class B felony rape.

Board of Public Works and Safety of the City of Hammond v. Erik Alcantar, Sr. and Guadalupe Alcantar (mem. dec.)
45A03-1412-PL-433
Civil plenary. Reverses court ruling that reversed the order of the Board of Public Works and Safety for the Alcantars to convert their multi-unit rental property into a single-family residence. Remands with instructions for the trial court to reinstate the board’s order directing the Alcantars to convert the property back to a single-family home.

Jeffery T. Curry v. State of Indiana (mem. dec.)
49A02-1412-IF-859
Infraction. Affirms judgment for the infractions of driving left of center, disregarding a lighted signal and failing to carry registration in the vehicle.

Birol Simsek v. State of Indiana (mem. dec.)
02A04-1505-CR-455
Criminal. Affirms four-year sentence for Level 5 felony battery resulting in bodily injury.

Anthony Edward Stewart v. State of Indiana (mem. dec.)
45A03-1506-CR-558
Criminal. Affirms conviction of Class A felony attempted murder.

Jerremy Buren Cofield v. State of Indiana (mem. dec.)
09A02-1505-CR-432
Criminal. Affirms sentence for two counts of Class C felony child molesting.

Michael Duckett v. State of Indiana (mem. dec.)
29A05-1507-CR-912
Criminal. Affirms trial court judgment modifying the terms of Duckett’s sentence and order that a portion of his previously suspended sentence be executed as a result of a probation violation.

William R. Evans v. Keith Butts (mem. dec.)
33A01-1402-MI-61
Miscellaneous. Affirms denial of Evans’ petition claiming to be held illegally in custody after his parole was revoked.

John D. Quarles v. State of Indiana (mem. dec.)
49A02-1503-PC-152
Post conviction. Affirms denial of petition for post-conviction relief.

Joshua A. Cook v. State of Indiana (mem. dec.)
33A01-1508-CR-1143
Criminal. Affirms sentence for possession of a Schedule II controlled substance as a Level 6 felony.

Charles E. Nichols v. State of Indiana (mem. dec.)
24A01-1505-CR-401
Criminal. Affirms sentence following guilty plea to Class D felonies strangulation and domestic battery, and two counts of Class A misdemeanor invasion of privacy.

Mark A. Drescher v. State of Indiana (mem. dec.)
19A01-1507-CR-828
Criminal. Affirms revocation of probation.

In the Matter of the Termination of the Parent-Child Relationship of T.B. & K.B. (Children) and T.B., Sr. (Father); T.B., Sr. (Father) v. The Indiana Department of Child Services (mem. dec.)
05A02-1505-JT-480
Juvenile. Affirms termination of father’s parental rights.

Charles E. Sweeney v. The Honorable Nancy H. Vaidik (mem. dec.)
77A01-1509-MI-1556
Miscellaneous. Affirms dismissal of Sweeney’s complaint against Vaidik, alleging that the appeal of the denial of his petition for post-conviction relief was incorrectly decided.