Opinions March 27, 2018

Indiana Court of Appeals
Angela Brewer, Individually and as Personal Representative of the Estate of Rickey A. Brewer, Deceased v. PACCAR, Inc. d/b/a PETERBILT MOTORS CO.
55A05-1709-CT-2168
Civil tort. Reverses the grant of summary judgment in favor of Peterbilt Motors Company and the denial of Angela Brewer’s motion for partial summary judgment. Finds Brewer designated sufficient evidence for summary judgment purposes that there were several safety features Peterbilt reasonably could have incorporated into its glider kits that might have prevented Rickey Brewer’s death. Also finds Rickey Brewer was a “consumer” of Peterbilt’s product for purposes of the Indiana Product Liability Act. Remands for further proceedings. Judge Paul Mathias concurs with separate opinion.

Hozyfa H. Sultan v. State of Indiana (mem. dec.)
02A05-1705-CR-1207
Criminal. Affirms Hozyfa H. Sultan’s conviction of felony murder, Level 1 felony attempted murder and an enhancement for the use of a firearm. Finds the Allen Superior Court did not abuse its discretion when it denied Sultan’s motion to dismiss.

Michael W. Soule v. State of Indiana (mem. dec.)
35A02-1704-CR-951
Criminal. Affirms the denial of Michael W. Soule’s motion to modify his sentence from prison to GPS monitoring for his conviction of forgery and aiding in theft, both as Class D felonies. Finds the Huntington Circuit Court did not abuse its discretion in denying relief to Soule. Remands to the trial court with instructions to dismiss Soule’s motion.
 
In re the Termination of the Parent-Child Relationship of An.C. and Aa.C. (Minor Children) and C.C. (Father) v. Indiana Department of Child Services (mem. dec.)
91A02-1710-JT-2360
Juvenile termination of parental rights. Affirms the termination of C.C.’s rights to his minor children, An.C. and Aa.C. Finds the White Circuit Court did not clearly err in terminating C.C.’s parental rights.

In the Termination of the Parent-Child Relationship of K.D. (Minor Child) and K.H. (Father) v. Indiana Department of Child Services (mem. dec.)
03A04-1709-JT-2135
Juvenile termination of parental rights. Affirms the termination of K.H.’s parental rights to his son. Finds the juvenile court’s findings support its conclusions that there is a reasonable probability that the conditions that resulted in the child’s removal will not be remedied and that termination is in the best interests of the child.

AmeriGlobe, LLC. v. Victor Althoff (mem. dec.)
46A05-1708-PL-1845
Civil plenary. Reverses the judgment in favor of Victor Althoff in his breach of employment contract complaint seeking damages under the Indiana Wage Claims Statute. Finds the LaPorte Superior Court erred by denying AmeriGlobe’s motion for partial summary judgment on Althoff’s claims under the statute because he did not submit his wage claim to the Department of Labor and receive permission to file his claim before he filed suit against AmeriGlobe, LLC. Also finds the trial court erred as a matter of law in concluding Althoff was entitled to the commission rate set forth in the written employment agreement. Finally, finds Althoff is entitled to $33,528.40 in commission. Remands for entry of judgment in favor of Althoff for $44,528.40.
 
Bobby Ray Rufus McDonald v. State of Indiana (mem. dec.)
79A02-1710-CR-2574
Criminal. Affirms Bobby McDonald’s sentence to six years, including two years with Tippecanoe County Community Corrections, for his conviction of Level 5 felony battery with a deadly weapon. Finds McDonald’s lengthy criminal history justifies his maximum sentence.

Theressa Jones v. State of Indiana (mem. dec.)
48A02-1703-CR-523
Criminal. Affirms Theressa Jones’ conviction of Class C felony reckless homicide. Finds the Madison Circuit Court did not abuse its discretion when it refused to give Jones’ proposed instructions concerning negligence to the jury. Judge Michael Barnes dissents with separate opinion.

William O. Jackson v. State of Indiana (mem. dec.)
18A05-1709-CR-2166
Criminal. Affirms William O. Jackson’s convictions of Level 3 felony aggravated battery and Level 2 felony aiding, inducing or causing another person to deal a narcotic drug. Finds the evidence was sufficient to sustain Jackson’s convictions.

Moussa I. Dahab v. State of Indiana (mem. dec.)
20A03-1706-CR-1369
Criminal. Reverses Moussa I. Dahab’s conviction of Level 5 felony battery with a deadly weapon. Finds double-barreled evidentiary admissions relating to ISIS references and hospital expenses denied Dahab a fair trial. Also finds double jeopardy does not preclude retrial because the evidence as a whole was sufficient to sustain Dahab’s convictions. Remands for retrial. Judge Cale Bradford dissents and concurs in part with separate opinion.
 
IN RE: THE MARRIAGE OF: Melissa Martell v. Michael Martell (mem. dec.)
45A03-1709-DR-2114
Domestic relation. Affirms and reverses in part the denial of Me.M.’s request for permission to apply certain monies to Mi.M.’s purported child support arrearage and the award of attorney fees to Mi.M. Finds the Lake Superior Court did not err in denying Me.M.’s petition to apply money from the joint account to Mi.M.’s purported child support arrearage. Also finds the trial court erred in awarding attorney fees to Mi.M. Remands with instructions to vacate Mi.M.’s attorney fee award.

Adam Thomas Nowak v. State of Indiana (mem. dec.)
49A04-1710-CR-2482
Criminal. Affirms the revocation of Adam Thomas Nowak’s probation and the imposition of the entirety of his two-year suspended sentence. Finds the Marion Superior Court’s decision was not clearly against the logic and effect of the facts and circumstances before it. Also finds the trial court did not abuse its discretion.