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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 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Steven R. Smith v. Crounse Corporation
22-1303
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Chief Judge Tanya Walton Pratt.
Civil. Affirms the district court’s grant of summary judgment in favor of Crounse Corporation. Finds Steven Smith produced no evidence demonstrating that Crounse knew or, in the exercise of reasonable care, should have known of the defect in a hopper floor that caused a skid steer to come to an abrupt stop, which propelled Smith forward and resulted in his injury.
Friday opinions
Court of Appeals of Indiana
John Simpson and Monroe LLC v. Brown County Board of Commissioners; Chuck Braden, in his official capacity; Diana Biddle, in her official capacity; and Jerry Pittman, in his official capacity
22A-PL-3102
Civil plenary. Affirms the Bartholomew Circuit Court’s dismissal of John Simpson and Monroe LLC’s complaint against the Brown County Board of Commissioners and its members. Finds that Simpson’s claim sounding in tort is barred as a matter of law. Also finds the trial court did not err when it dismissed Simpson’s complaint pursuant to Indiana Trial Rule 12(B)(6).
Harold Ruth Farms, LLC v. Calvin Miller and Ledelle Miller (mem. dec.)
23A-EV-182
Evictions. Affirms the Whitley Superior Court judgment for Calvin and Ledelle Miller on Harold Ruth Farms LLC’s complaint for eviction and damages. Finds HRF has not preserved seven of its eight enumerated arguments for appellate review. Also finds the small claims court’s judgment is supported by the evidence.
Lisa DeCastro v. John DeCastro (mem. dec.)
22A-DR-1941
Domestic relations. Affirms the Johnson Superior Court’s order granting father John DeCastro’s petition for modification of custody of the parties’ children, Ca.D. and Co.D. Finds mother Lisa DeCastro waived her argument that the trial court erred in relying on a guardian ad litem report. Also finds the trial court did not abuse its discretion when it awarded John primary and sole legal custody.
Lamonteon Williams v. State of Indiana (mem. dec.)
22A-CR-2833
Criminal. Affirms Lamonteon Williams’ convictions for murder and Level 6 felony criminal recklessness. Finds the Marion Superior Court did not err in the admission of evidence. Also finds the evidence is sufficient to support the convictions.
Ada Sparkman, Individually and as Personal Representative of the Estate of Robert E. Sparkman, Deceased v. Community Health Network, Inc., d/b/a Community Hospitals of Indiana, Inc. (mem. dec.)
23A-CT-146
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment in favor of Community Health Network Inc. on Ada Sparkman’s medical malpractice claim. Finds Community Health’s designation of the opinion of the medical review panel was sufficient to establish, prima facie, that Community Health was entitled to summary judgment. Also finds Sparkman failed to designate expert testimony to rebut the opinion of the panel, which concluded that Community Health did not violate the applicable standard of care and was not the proximate cause of Robert Sparkman’s injuries. Finally, finds the res ipsa loquitur exception to the requirements for expert testimony is inapplicable.
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