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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after IL’s deadline Tuesday:
Indiana Supreme Court
In the Matter of Petition for Expungement of R.L.; Indiana Law Enforcement Training Board v. R.L.
24S-XP-185
Expungement petition. Reverses Martin Circuit Court Judge Lynne Ellis’s judgment that the Indiana Law Enforcement Training Board could not discipline R.L. and the granting of an injunction barring the board from revoking his basic-training certificate. Finds the trial court erred in granting R.L.’s request for declaratory and injunctive relief. Also finds R.L. did not exhaust administrative remedies but sued in court before the board’s proceedings concluded. Remands with instructions to dismiss R.L.’s declaratory judgment action. Attorneys for appellant: Attorney General Todd Rokita, Deputy Attorneys General Benjamin Jones, Evan Comer. Attorneys for appellee: James Voyles, Jr., Tyler Helmond.
Wednesday opinions
Indiana Court of Appeals
Krista Dorsett v. Indiana American Water Company, Inc.
24A-CT-338
Civil tort. Reverses Clark Superior Court Judge Kyle Williams’s order order granting summary judgment to Indiana-American Water Company, Inc. on Krista Dorsett’s premises liability claim, which arose from the alleged negligent maintenance of a lid to a water meter pit on her private residential property. Finds that the limitation of liability provisions in the tariff do not extend to Dorsett’s premises liability claim. Remands for further proceedings on the complaint. Attorney for appellant: J. David Agnew. Attorney for appellee: Charles Walker.
Theresa England v. Steven R. Siebe and FedEx Freight, Inc., a foreign for-profit corporation licensed in Indiana
24A-CT-497
Civil tort. Affirms LaPorte Superior Court Judge Richard Stalbrink’s dismissal of Theresa England’s complaint against Steven Siebe and FedEx Freight for lack of subject matter jurisdiction. Finds the trial court’s dismissal of England’s complaint was not contrary to Indiana’s Worker’s Compensation Act. Also finds Indiana Code section 22-3-6-1(a), which defines an “employer” under the Act to encompass parent and subsidiary companies, does not violate the Indiana Constitution. Attorneys for appellant: William Gibbs, Jon Schmoll. Attorneys for appellees: Bruce Jones, Keith Gaston, Emily Sery.
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