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Mark Baker v. Adam Pickering, Kathleen Pickering, Lauren Flanagan, and Kesslerwood East Lake Assoc., Inc.
23A-MI-1475
Miscellaneous. Affirms the Marion Superior Court’s order compelling arbitration and signing of a final order where arbitrators: found for Adam and Kathleen Pickering, Lauren Flanagan and/or the Kesslerwood East Lake Association and against Mark Baker on all of Baker’s claims; found in favor of the Pickerings on three of their four counterclaims against Baker; ordered injunctive relief against Baker; and awarded damages, costs, and fees to the Pickerings. Finds that the trial court did not err in compelling arbitration. Also finds any error the trial court committed in confirming the arbitration award and entering final judgment before the statutory 90 days passed was invited by Baker, so he is entitled to no relief on that basis.
In the Matter of the Civil Commitment of A.B. v. St. Vincent Hospital and Health Care Center, Inc. d/b/a St. Vincent Stress Center
23A-MH-3052
Mental health. Reverses the Marion Superior Court’s temporary involuntary civil commitment order for A.B. Finds the appeal was not moot and the evidence insufficient. Also finds the St. Vincent Stress Center’s evidence was not sufficient to support the temporary involuntary commitment of A.B. based on grave disability. Remands for the trial court to vacate the commitment.
Michelle Walker v. State of Indiana
24A-CR-443
Criminal. Reverses Michelle Walker’s conviction in Vanderburgh Superior Court for Class A misdemeanor criminal trespass following a bench trial. Finds without any evidence that Walker had exceeded any limits on her contractual interest in the restaurant, the state could not prove that she committed criminal trespass.
Indianapolis Public Transportation Corporation d/b/a IndyGo Public Transportation v. Norma Jean Bush, as Personal Representative of the Estate of Michael Rex Fergerson, Deceased
23A-CT-1483
Civil tort. Reverses the Marion Superior Court’s denial of IndyGo’s motion for directed verdict in a negligence action initiated by Norma Jean Bush, as Personal Representative of the Estate of Michael Rex Fergerson against IndyGo after Fergerson was struck by an IndyGo bus and later died of his injuries. Finds that Fergerson was at least a proximate cause of his being struck by the bus, and therefore contributorily negligent. Also finds the trial court erred when it declined to find that the defense of contributory negligence applied and denied IndyGo’s motion for directed verdict. Remands for trial court to enter judgment in favor of IndyGo. Judge Patricia Riley dissents with a separate opinion.
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