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Indiana Court of Appeals
Carla Miller v. Indiana Gas Company, Inc.
No. 25A-CT-866

Civil. Appeal from the Clark Circuit Court, Magistrate William A. Dawkins. Affirms the trial court’s grant of summary judgment in favor of Indiana Gas Company on Miller’s product liability claim arising from a 2019 natural gas explosion that destroyed a neighboring home and injured Miller. Holds the trial court did not abuse its discretion in considering the Indiana Utility Regulatory Commission’s Final Incident Report and accompanying affidavits, concluding the report was not hearsay because it contained the findings of its authors, who personally observed the investigation, and was properly authenticated. Further holds there was no genuine issue of material fact that the natural gas was properly odorized under 49 C.F.R. § 192.625, where undisputed odorator readings taken near the residence were well within the federal 1% detection threshold and Miller’s designated evidence that occupants did not smell gas did not establish a regulatory violation or defect under the Indiana Product Liability Act. Concludes Miller failed to designate evidence that odor fade was implicated or that Indiana Gas had a duty to warn of it — particularly where the service lines had been in use for years and no regulation required such a warning — and therefore Indiana Gas was entitled to judgment as a matter of law. Appellant’s attorneys: Ashton Rose Smith; Emily A. DeVuono. Appellee’s attorneys: Thomas J. Costakis; Libby Yin Goodknight; Hilary K. Leighty; Blake P. Holler.

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Indiana Court of Appeals
Reid J. Cowan v. State of Indiana
No. 25A-CR-1744

Criminal. Interlocutory appeal from the Grant Superior Court, Judge Nathan D. Meeks. Affirms the denial of Cowan’s motion challenging venue on a Level 4 felony child solicitation charge. Holds that Grant County is a proper venue under Indiana Code section 35-32-2-1(d) because Cowan’s alleged travel to Grant County to meet a person he believed to be a child constituted an act committed in furtherance of the charged offense. Rejects Cowan’s argument that the offense was complete at the time of the online communications and that travel was merely a sentencing enhancement, distinguishing prior case law decided before the legislature amended the statute to make travel an element of Level 4 felony child solicitation. Concludes that because travel is an element of the charged Level 4 offense, venue in Grant County is proper. Appellant’s attorneys: Michael C. Cunningham; Kelly N. Pyle. Appellee’s attorney: Office of the Indiana Attorney General.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

Indiana Court of Appeals
James Irwin Richter v. Neha Bhatnagar Richter
No. 25A-DC-1593

Civil. Appeal from the Hamilton Superior Court, Special Judge Stephenie K. Gookins. Affirms the trial court’s order awarding Mother sole legal custody of the parties’ child, modifying Father’s child support obligation and authorizing the issuance of a passport for the child. Holds the trial court did not abuse its discretion in modifying legal custody from joint to sole where the record showed ongoing conflict, unilateral decision-making by Father and an inability to effectively co-parent, constituting a substantial and continuing change in circumstances rendering joint legal custody no longer in the child’s best interests. Further holds the trial court did not err in calculating Father’s weekly gross income for child support purposes based on his tax returns reflecting total annual income. Concludes the trial court did not abuse its discretion in ordering that the child obtain a passport in light of his advancement to high school and opportunities for international immersion trips, finding a substantial change in circumstances and implementing safeguards through the parenting coordinator to address Father’s concerns. Appellant’s attorneys: Bryan L. Ciyou; Anne M. Lowe. Appellee’s attorney: Dyllan M. Kemp.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.