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Poultry & Industrial Suppliers, Inc. v. Incubacol, S.A.S.
23A-CT-2446
Civil tort. Affirms Kosciusko Circuit Court Judge Michael Reed’s denial of Poultry & Industrial Suppliers’ motion for judgment on the pleadings on the strict-liability and negligence counts, but remands for further proceedings on the warranty count. Finds because Florida law applies to the strict-liability and negligence counts, the trial court did not err in denying Poultry Suppliers’ motion for judgment on the pleadings on the strict- liability and negligence counts, which was based on Indiana law. Also finds it’s unclear whether Poultry & Industrial Suppliers was an exclusive distributor for CTB and how CTB’s warranty got passed to Incubacol. Attorneys for appellant: Christopher King, William Ramsey. Attorney for appellee: Douglas Eaton.
Dreyer & Reinbold, Inc. v. Madison Auto Sales, LLC and Western Surety Company
24A-PL-1133
Civil plenary. Affirms Marion Superior Court Judge Christina Klineman’s order that Dreyer & Reinbold had not proven that its approximately $20,000 in damages related to any violation of the Dealer Services Act, and therefore the bond did not cover its damages. Finds that because D&R has not established a violation of the act, followed by judgment, D&R is not “an aggrieved person” under the act and was not entitled to recover its judgment through the bond. Attorneys for appellant: Donn Wray, Cameron Bosak. Attorneys for appellee: Kevin Koons, Justin Olson.
Menashi Cohen v. State of Indiana
24A-CR-710
Criminal. Reverses Tippecanoe Superior Court Judge Steven Meyer’s denial of Menashi Cohen’s motion to dismiss. Finds that in light of Peters and its caution against the practice of securing an indictment of a witness from the same grand jury which heard the witness’s immunized testimony as well as the state’s failure to point to evidence presented to the grand jury indicating that the indictment rested upon evidence independent of Cohen’s testimony, that Cohen’s indictments, other than the indictment for perjury, should be dismissed. Attorneys for appellant: Darren Craig, Jonathan Bont, Cameron Trachtman. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Ian McLean.
Jason Kelly and Myka Kelly, et. al. v. State of Indiana
24A-CT-859
Civil tort. Affirms Marion Superior Court Judge Christina Klineman’s granting of summary judgment to the state on their claim, as assignees of Sandra Sell, that the state wrongfully failed to defend and indemnify Sell against civil rights claims Jason and Myka Kelly brought against Sell. Finds the state is not obligated to defend and indemnify Sell, a former employee of the Indiana Department of Child Services, for civil liability stemming from her own criminal conduct. Also finds the limited waiver of sovereign immunity under Indiana Code section 34-13-4-1 does not extend to such circumstances, and the state’s preliminary involvement in settlement discussions before Sell’s guilty plea did not compel the state to indemnify Sell. Attorney for appellants: Brad Catlin. Attorneys for appellee: Attorney General Todd Rokita, Section Chief, Civil Appeals Benjamin Jones, Deputy Attorney General Evan Comer.
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