Opinions Dec. 18, 2018

7th Circuit Court of Appeals
The Medical Protective Company of Fort Wayne, Indiana v. American International Specialty Lines Insurance Company, now known as AIG Specialty Insurance Company
18-1737
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division
Judge James T. Moody
Civil. Affirms Medical Protective Co. should have known that it was facing a potential claim. Reverses and remands grant of summary judgment in favor of AISLIC. Finds there is a genuine dispute of material fact as to whether MedPro should have settled with the Bramlett family for $200,000.

Indiana Court of Appeals
Wanda Denson v. The Estate of Delmer Dillard and Indiana Farmers Mutual Insurance Company
18A-CT-1112
Civil tort. Affirms the Johnson Superior Court’s entry of summary judgment in favor of Delmer Dillard’s estate. Finds that the estate made a prima facie showing that Dillard’s sudden physical incapacity to drive due to a heart attack was not reasonably foreseeable. Therefore, finds the estate met its burden as summary judgment movant to negate Wanda Denson’s negligence claim.

Katrina Murray and Aquila F. Flynn, as Co-Personal Representatives of the Estate of Jaylan T. R. Murray, Deceased v. Indianapolis Public Schools and Arlington Community High School
18A-CT-1955
Civil tort. Reverses and remands the Marion Superior Court’s summary judgment in favor of IPS and Arlington because genuine issues of material fact exist as to Arlington Community High School’s duty to supervise its students and to preclude the entry of summary judgment on the basis of contributory negligence. Judge James S. Kirsch dissents without a separate opinion.

In the Matter of the Civil Commitment of: M.H. v. Kristen Ludwig and State of Indiana (mem. dec.)
18A-MH-1580
Mental Health. Affirms the Allen Superior Court’s order of temporary commitment of M.H.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: C.Y. (Minor Child) and R.Y. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1892
Juvenile termination. Affirms the termination of R.Y.’s parental rights to C.Y. Finds the Tippecanoe Superior Court did not err in the termination.  

Mario Brown v. State of Indiana (mem. dec.)
18A-PC-606
Post conviction. Affirms the denial of Mario Brown’s petition for post-conviction relief. Finds Brown failed to show that the evidence leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court.

Eligio J. Marquez v. Michael A. Love and Leslie L. Love (mem. dec.)
18A-CT-1143
Civil tort. Reverses and remands the St. Joseph Circuit Court’s entry of summary judgment in favor of Michael and Leslie Love. Finds there is a genuine issue as to whether the Loves should have anticipated the harm to Eligio Marquez despite his knowledge of and the obviousness of the weak spot in the roof where he fell.

Dennis L. Zollman v. State of Indiana (mem. dec.)
31A01-1711-CR-2646
Criminal. Reverses one of Dennis Zollman’s Class C felony child exploitation convictions. Remands with instructions for the trial court to vacate that conviction and resentence Zollman accordingly. Affirms all other counts against him, including 12 counts of Class A felony child molesting and three counts of child exploitation, one as a Class C felony and two as Level 5 felonies.

Evan D. Huntsinger v. State of Indiana (mem. dec.)
36A05-1707-CR-1610
Criminal. Affirms Evan Huntsinger’s sentence for convictions of Level 3 felony battery and three counts of Level 6 felony neglect of a dependent. Reverses Huntsinger’s conviction of one count of Level 6 felony neglect of a dependent. Remands with instructions for the trial court to vacate the latter conviction and its concurrent sentence.

John David Cox, III v. State of Indiana (mem. dec.)
18A-CR-1428
Criminal. Affirms John Cox’s conviction of Level 4 felony child molesting. Finds the incredible dubiosity rule does not apply.

In re the Marriage of J.G.H. v. K.R.K. (mem. dec.)
18A-DC-1444
Domestic relations with children. Affirms the Adams Circuit Court’s award of attorney fees to K.R.K. Reverses and remands the trial court’s decision to deny J.G.H. parenting time.

Bryan Rutledge and BLC Outdoor Services v. Travis Forrest (mem. dec.)
18A-PL-1573
Civil plenary. Affirms the Madison Circuit Court’s finding of Bryan Rutledge in contempt of the temporary restraining order. Reverses the trial court’s preliminary injunction, finding that Travis Forrest’s remedies at law are inadequate. Remands for proceedings.

Otis B. Jetter v. State of Indiana (mem. dec.)
18A-CR-428
Criminal. Affirms Otis Jetter’s convictions of Class A felony child molesting and the denial of his petition for post conviction relief. Finds the Marion Superior Court did not abuse its discretion and that Jetter was not denied effective assistance of trial counsel.

Leann C. Smith v. State of Indiana (mem. dec.)
18A-CR-487
Criminal. Affirms Leann Smith’s conviction of Level 5 felony battery. Finds the Dearborn Circuit Court did not abuse its discretion in imposing a probation violation sanction after the revocation of Smith’s probation.