Opinions April 14, 2022

The following Indiana Supreme Court opinion was posted after IL deadline on Wednesday.
Community Health Network, Inc. v. Heather McKenzie, et al.
20S-CT-648
Civil tort. Affirms the Marion Superior Court’s denial of Community Health Network, Inc.’s motion to dismiss for lack of subject-matter jurisdiction because the plaintiffs’ claims are not subject to Indiana’s Medical Malpractice Act. However, reverses the denial of Community’s motion for summary judgment because it has affirmatively negated a required element on each of the claims against it. Remands to the trial court with instructions to enter judgment in favor of Community on all claims.

Thursday opinions
Court of Appeals of Indiana
Parkview Hospital, Inc. v. American Family Insurance Company
21A-PL-1369
Civil Plenary. Affirms the Allen Superior Court’s consideration of damages and attorney fees on remand and affirms the trial court’s denial of Parkview Hospital’s request for attorney fees under the Hospital Lien Act, Ind. Code §§ 32-33- 4-1 to -8 (2015). Reverses the trial court’s judgment that American Family is liable for the full amount of the hospital’s lien, $95,541.88. Finds the insurance company’s obligation under the lien act is not greater than its policy limit of $50,000. Remands with instructions to enter judgment for Parkview and against American Family in the amount of $50,000 plus pre-judgment interest.

Belinda Dobrowolski v. State of Indiana
21A-CR-1775
Criminal. Affirms the revocation of probation and order for Belinda Dobrowolski to spend 365 days of her previously suspended sentence in jail. Finds Dobrowolski forfeited her right to directly appeal the finding she violated her terms of probation when she admitted the violation. Concludes that to challenge the validity of her waiver of counsel, Dobrowolski should’ve filed a petition for postconviction relief under Post-Conviction Rule 1, not 2.

Seth Wiley v. ESG Security, Inc.
21A-CT-2117
Civil tort. Reverses the entry of summary judgment granted to ESG Security, Inc. on the issue of inherent risk after Seth Wiley fell and was injured while crowd surfing at a concert ESG was providing security at. Finds that genuine issues of material fact exist as to whether ESG assumed a duty the night of the incident with regard to patrons who crowd surfed at the concert and that Wiley did not expressly consent to relieve ESG of any such duty.   

Charles A. Benson v. State of Indiana (mem. dec.)
21A-PC-132
Post-conviction. Affirms the denial of post-conviction relief for Charles A. Benson. Finds the post-conviction court did not err in denying Benson’s motions for an evidentiary hearing because live testimony was not necessary to resolve his claims. Finds Benson has not demonstrated his trial counsel or appellate counsel provided ineffective assistance. Finds Benson has not demonstrated the state withheld potentially exculpatory evidence or newly discovered evidence brings his conviction into doubt.

Kyle Travis Chandler v. State of Indiana (mem. dec.)
21A-CR-2049
Criminal. Affirms Kyle Travis Chandler’s conviction of Level 6 felony intimidation. Finds Chandler’s six-year sentence is not inappropriate for his offense and character. Concludes there’s sufficient evidence to support his conviction.

Jay D. Lovins v. State of Indiana (mem. dec.)
21A-CR-1566
Criminal. Affirms Jay D. Lovins’ 20-year sentence of Level 2 felony dealing in methamphetamine. Finds the trial court didn’t abuse its discretion in weighing the mitigating circumstances in determining Lovins’ sentence. Finds the trial court did not rely on improper aggravating circumstances. Concludes his sentence is appropriate.

Ronald and Barbara Rossi v. Michelle M. Bartlett and Richard Gauthier, Individually and as Co-Trustees of the Richard Gauthier 1986 Declaration of Trust (mem. dec.)
22A-PL-27
Civil plenary. Affirms summary judgment for house sellers Michelle Bartlett and Richard Gauthier, who were sued by buyers Ronald and Barbara Rossi for constructive and actual fraud, promissory and equitable estoppel and deception after water damaged their basement. Finds the trial court didn’t err in granting summary judgment. Finds the parties agreed that the Sales Disclosure Act does not apply to the transaction at issue. Finds the purchase agreement explicitly recommended that the Rossis “consult with a professional, such as a civil engineer, environmental engineer, or other person, with experience in evaluating the condition of the Property” and stated that the “Seller’s Residential Real Estate Sales Disclosure Form is not applicable to this transaction.” Concludes issues of material fact remain.