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In the Matter of the Termination of the Parent-Child Relationship of K.R., J.T.R, J.L.R., & E.R. (Minor Children); A.B. (Mother) and J.R. (Father) v. Indiana Department of Child Services
20S-JT-63
Juvenile termination. Affirms Steuben Circuit Court’s decision to admit drug test results, finding the results fit the records of a regularly conducted activity exception pursuant to Indiana Evidence Rule 803(6). Held Forensic Fluid Laboratories which conducted the tests on the parents does depend on the records to operate. Also, determined the records met the other indicia for reliability including they are subject to review, audit or internal check; the precision engendered by the repetition; and the fact that the person furnishing the information has a duty to do it correctly.
Indiana Court of Appeals
Erika Butler v. Symmergy Clinic
20A-CC-00904
Civil collection. Affirms the Marion Superior Court’s order granting summary judgment for Symmergy Clinic on Erika Butler’s breach of fiduciary duty claim, but reverses the trial court’s order granting summary judgment for Symmergy on its claim against Butler and Butler’s counterclaims for fraud, unfair trade practice and breach of contract. Finds genuine issues of material fact exist regarding whether Symmergy fraudulently concealed its internal office policy of not billing the health insurance carriers of bodily injury patients. However, holds a fiduciary relationship did not exist between Butler and Symmergy at the time Butler contracted with Symmergy for treatment. Remands the matter for further proceedings consistent with the opinion.
Brooke Brown, By Next Friend, Mark Brown v. Southside Animal Shelter Inc, et al.
20A-CT-00066
Civil tort. Reverses the Marion Superior Court’s grant of summary judgment to Southside Animal Shelter, finding it erred because Southside had a duty to inform the Browns of their adopted dog’s past bite history and because there are issues of material fact regarding whether Southside breached that duty or proximately caused Brooke Brown’s injuries. Remands for proceedings consistent with the opinion.
Tommy Lee Weir v. State of Indiana (mem. dec.)
20A-CR-00184
Criminal. Affirms Tommy Weir’s conviction of Level 5 felony domestic battery resulting in bodily injury to a pregnant woman. Concludes that the admission of Rule 404(b) evidence, most of which was struck by the Howard Superior Court, did not deprive Weir of a fair trial and any error was harmless.
D L v. State of Indiana (mem. dec.)
20A-JV-00704
Juvenile. Affirms D.L.’s placement in the Department of Correction after his adjudication as a delinquent for committing acts that, if committed by an adult, would be Level 6 felony auto theft and Level 6 felony resisting law enforcement. Finds the evidence supports the Allen Superior Court’s decision that the DOC was the best available placement for D.L. and that the trial court did not abuse its discretion when it placed him in the DOC.
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