Opinions March 9, 2022

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Lake Imaging, LLC v. Franciscan Alliance, Inc., et al.
21S-CT-478
Civil tort. Reverses the Johnson Superior Court’s dismissal of Franciscan Alliance Inc.’s claim for breach of contract but affirms the trial court’s dismissal of Franciscan’s claim that Lake Imaging breached their contract by committing malpractice. Declines to extend the reach of the Medical Malpractice Act to include a claim for indemnification by one medical provider against another. Finds Franciscan’s claim for breach of contract was not one for medical malpractice. Also finds that indemnification sounds in contract, and neither the text of the MMA nor precedent interpreting it support categorizing such a claim as one for medical malpractice. Finally, finds that a breach of contract claim for failure to indemnify need not follow the procedures contained within the act. Remands for further proceedings, including for resolution of the issue of whether ProAssurance Indemnity Co. has an obligation to indemnify Lake Imaging.

Wednesday opinions
7^th Circuit Court of Appeals
United States of America v. Mark Price
20-3191
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms Mark Price’s conviction of unlawfully possessing firearms and ammunition as a felon, as well as his enhanced sentence. Rejects Price’s “stalking horse” theory on first impression and finds the parole search wasn’t a violation of Price’s Fourth Amendment rights. Also finds Price’s terms as a parolee lessened his privacy status. Finally, finds the district court didn’t err as to the sufficiency of the evidence or in giving Price three sentencing enhancements.

Court of Appeals of Indiana
Christy Kenworthy v. Lyons Insurance & Real Estate, Inc., and Michael E. Lyons
21A-CC-811
Civil collections. Dismisses Christy Kenworthy’s appeal of the Wayne Superior Court’s stipulated voluntary dismissal of her amended complaint and the trial court’s grant of her motion for the voluntary dismissal of her counterclaims against Lyons Insurance & Real Estate Inc. and Michael Lyons. Finds Kenworthy has not presented any appealable issues.

Chris Gallo v. Sunshine Car Care, LLC
21A-CP-548
Civil plenary. Affirms summary judgment for Sunshine Car Care LLC on a Wage Claims Act complaint filed by former employee Chris Gallo. Finds the Porter Superior Court didn’t err in awarding attorney fees to the business. Also finds the appellate arguments lacked merit and were presented with procedural bad faith. Awards appellate attorney fees to SCC. Remands to the trial court to determine appellate attorney fees. Judge L. Mark Bailey concurs in result with separate opinion.

Marlin D. Adams v. State of Indiana (mem. dec.)
21A-CR-2332
Criminal. Affirms Marlin Adams’ convictions for Class B misdemeanor public intoxication and Class A misdemeanor resisting law enforcement. Finds sufficient evidence supports his convictions. Also fins the state presented sufficient evidence that the use of force was objectively reasonable under the circumstances of the case.

Coby L. Fifer v. State of Indiana (mem. dec.)
21A-CR-2248
Criminal. Affirms Coby Fifer’s conviction for Class A misdemeanor intimidation. Finds sufficient evidence supports the conviction.

State of Indiana v. Michael Fuller and Kimberly Gibson (mem. dec.)
21A-JP-2473
Juvenile paternity. Reverses the Noble Superior Court’s order abating the child support arrearage owed by father Michael Fuller based upon a stipulation between Fuller and mother Kimberly Gibson, parents of a minor child, S.F. Finds the trial court’s retroactive abatement of father’s child support obligation is contrary to law. Remands for further proceedings.

In the Termination of the Parent-Child Relationship of: N.K., Me.K., and Mi.K. (Minor Children), and S.K. (Mother) and W.K. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2111
Juvenile termination of parental rights. Affirms the involuntary termination of mother S.K. and father W.K.’s rights to their children, N.K., Me.K. and Mi.K. Finds that the Monroe Circuit Court did not abuse its discretion in denying mother’s motion for change of judge, nor did it err in terminating the parental rights. Also finds the Indiana Department of Child Services did not violate parents’ due process rights.

John Jay Lacey v. State of Indiana (mem. dec.)
21A-PC-783
Post-conviction. Affirms the denial of John Jay Lacey’s petition for post-conviction relief. Finds the reversal of Lacey’s habitual offender enhancement did not frustrate the basic purpose of the plea agreement. Also finds Lacey did not overcome the presumption in favor of the ruling below, and the evidence does not unerringly and unmistakably lead to a conclusion opposite that reached by the post-conviction court.