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Indiana Supreme Court
Ray Clifton v. Ruby McCammack
49S02-1504-CT-228
Civil tort. Affirms trial court grant of summary judgment in favor of motorist Ruby McCammack in a negligent infliction of emotional distress lawsuit filed by Ray Clifton, the father of a moped driver struck and killed in a crash. Clifton may not recover under the bystander rule because he does not meet the three circumstantial factors — that the scene viewed was essentially as it was at the time of the incident, that the victim was in essentially the same condition as immediately following the incident, and that the claimant was not informed of the incident before coming upon the scene.
Indiana Tax Court
RJK/ Robert J. Kuchler, Trustee v. LaPorte County Assessor
45T10-1304-TA-50
Tax. Reverses final determination of the Indiana Board of Tax Review on the LaPorte County assessor’s 2006 valuation of a property in Long Beach. The final determination abused its discretion by making a determination that is clearly contrary to the logic and effect of the facts and the law because it is based on evidence tainted by the evils of unfair surprise. Remanded to the Indiana Board of Tax review for rehearing.
Indiana Court of Appeals
D & D NAPA, Inc. v. Unemployment Insurance Appeals of the Indiana Department of Workforce Development
93A02-1501-EX-58
Civil. Affirms ruling of liability administrative law judge that D & D is a partial successor of Chaffins Enterprises Inc., and therefore must contribute more to unemployment benefits. Finds D & D purchased Chaffins’ assets and hired the employees to operate the same business in the same location under the same name. It is a successor employer under Indiana Code 22-4-10-6(b).
James Whittaker v. Wilma Sharlene Whittaker
02A03-1503-DR-79
Domestic. Reverses trial court order that $76,173.44 ordered payable from ex-wife to ex-husband under terms of a divorce agreement is not enforceable through contempt. Because the judgment was not a money judgment but rather a failure to perform an obligation set out in the dissolution agreement, the matter is remanded for consideration of husband’s petition for contempt.
Carlos I. Nunez v. State of Indiana
53A04-1407-CR-346
Criminal. Affirms conviction of Class B felony rape after a bench trial. Nunez claimed a Spanish language waiver of jury trial he signed lacked provisions present in the English version. But Nunez, through an interpreter in court, said he understood he was giving up the right to jury trial and that the judge would make the determination about guilt. The trial court deemed this adequate, and the appeals court found no error or abuse of discretion.
D & D NAPA, Inc. v. Unemployment Insurance Appeals of the Indiana Department of Workforce Development
93A02-1501-EX-58
Constantine D. Mills, Jr. v. Brandy Fisher (mem. dec.)
90A05-1504-JP-176
Juvenile. Reverses modification of child support order for Mills, who is incarcerated, and was ordered to pay monthly support in excess of his income. Remands for a revised modification of the support order. Judge Patricia Riley concurs with the reversal but would not remand for a modification and would leave Mills’ monthly support obligation at $12.
Michael Lindsey v. State of Indiana (mem. dec.)
71A04-1412-PC-576
Post-conviction. Affirms denial of post conviction relief.
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