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Leeland Paul Runkel v. State of Indiana (mem. dec.)
23A-CR-99
Criminal. Affirms Leeland Runkel’s convictions of Level 6 possession of methamphetamine, Class A possession of marijuana and Class B possession of paraphernalia. Finds the Blackford Superior Court did not err when it admitted into evidence items found in a pickup truck. Also finds sufficient evidence to support the convictions.
Munster Medical Research Foundation, Inc. v. Patricia Hintz (mem. dec.)
23A-CT-485
Civil tort. Affirms and reverses in part the grant of summary judgment in favor of Patricia Hintz on her complaint alleging the Munster Medical Research Foundation Inc.’s negligence. Finds the Lake Superior Court did not err when it denied MMRF’s motion for summary judgment, but it did abuse its discretion when it precluded MMRF from presenting evidence that Alfred Peacock was an independent contractor and when it instructed the jury on agency. Also finds that because Hintz’s primary argument at trial was based on the apparent agency doctrine, there is a reasonable probability that the jury relied on that theory when it entered its verdict for Hintz, so reversal is warranted. Finally, notes Hintz also argued that MMRF was liable under a premises liability theory, and the jury was instructed to consider the Burrell elements. Remands for a new trial.
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