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Indiana Court of Appeals
Ed Carpenter Racing, LLC v. Milton “Todd” Ault, III, and VForward2, LLC
No. 25A-CC-2721

Appeal from the Marion Superior Court, Judge Kurt Eisgruber. Ed Carpenter Racing, LLC appeals the dismissal of its complaint for damages against Milton “Todd” Ault, III, and VForward2, LLC. The court affirms the dismissal of the complaint against Ault for lack of personal jurisdiction but reverses the dismissal with prejudice, remanding for a dismissal without prejudice. The court finds Ed Carpenter Racing failed to establish personal jurisdiction over Ault. In addition, the court upholds the dismissal against VForward2 for failure to state a claim, allowing Ed Carpenter Racing an opportunity to amend its complaint. Senior Judge Crone authored the opinion, and Judges Mathias and Pyle concur. Appellant’s attorney: Richard B. Kaufman, Indianapolis, Indiana. Appellees’ attorneys: Jeffrey M. Heinzmann, Heinzmann Law Office LLC, Fishers, Indiana; and Robert B. Volynsky, Weltz Kakos Gerbi Wolinetz Volynsky LLP, Carle Place, New York.

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

Indiana Court of Appeals
John H. Murphy v. The City of South Bend
No. 26A-CT-94

Appeal from the St. Joseph Circuit Court, Special Judge Jenny Pitts Manier. John Murphy fell and injured his leg during a parade, claiming the city’s negligence in maintaining the road created a pothole that caused his fall. The city sought summary judgment, asserting immunity under Indiana law for discretionary functions related to road maintenance. The trial court granted this motion, but the appellate court reversed, stating the city did not provide sufficient evidence to prove its entitlement to immunity. It concluded that the pothole repair process did not clearly constitute a policy-oriented decision-making process, and therefore, the city is not immune from liability for Murphy’s negligence claim. The court remands for further proceedings. Judge Felix authored the opinion, with Judges Weissmann and DeBoer concurring. Appellant’s attorneys: Edward J. Chester, Laura L. Ezzell and J. Thomas Vetne, Chester Law Office, Elkhart, Indiana. Appellee’s attorney: Elizabeth A. Klesmith, THK Law LLP, South Bend, Indiana.

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