Court opinions

Indiana Court of Appeals
Franciscan ACO, Inc., Franciscan Alliance, Inc., and Charlotte Sweezer v. Vaughn Newman, as personal represenatative of the Estate of Virginia Newman
19A-CT-2465
Civil tort. Reverses the denial of Charlotte Sweezer, Franciscan ACO Inc. and Franciscan Alliance Inc.’s motion for partial summary judgment on a wrongful death claim brought by Vaughn Newman as personal representative of the Estate of Virginia Newman. Finds no genuine issue of material fact exists, so the Lake Superior Court erred in denying the motion for partial summary judgment. Remands for proceedings.

Indiana Court of Appeals
Jerry Wayne Smith v. State of Indiana
20A-CR-672
Criminal. Reverses Jerry Wayne Smith’s sentence for his conviction of Class A misdemeanor resisting law enforcement. Finds the 365-day sentence, with 185 days suspended to probation and 180 days served consecutive to the 277 days for a probation violation, is inappropriate. Remands to the Vermillion Circuit Court to impose a sentence of 365 days, with 20 days to serve and 345 days suspended to probation.

Sarah Johnson v. Northeast School Corporation
19-2870
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Sweeney, II.
Civil. Affirms the Southern District Court’s entry of summary judgment to North Central High School (Farmersburg) and Northeast School Corporation on Sarah Johnson’s claims that both entities inadequately responded to her alleged of sexual harassment, therefore violating Title IX, 20 U.S.C. § 1681(a). Finds Johnson has waived any arguments regarding the district court’s evidentiary rulings and that NESC was not deliberately indifferent to Johnson’s claims of sexual harassment.

Indiana Supreme Court
Benjamin S. Smith v. Franklin Township Community School Corporation
20S-CT-98
Civil tort. Affirms the denial of Benjamin Smith’s motion for reinstatement of his lawsuit against Franklin Township Community School Corporation. Finds Smith cannot use a Trial Rule 41(F) filing to collaterally attack the merits of the dismissal order. Also finds Smith failed to preserve a substantive challenge to the dismissal decision, so the Marion Superior Court acted within its discretion when it denied his motion for reinstatement.

Indiana Court of Appeals
Shiel Sexton Company, Inc., et al. v. Joshua Towe
18A-CT-01446
Civil tort. Affirms in part the Marion Superior Court’s grant of summary judgment to Joshua Towe as to Circle B Construction Systems’ assumption of a duty to protect Towe. Remands for further proceedings as to breach, causation, and damages. However, reverses the trial court’s grant of summary judgment to Towe as to the assumption of a duty by Shiel Sexton, and remands for the trial court to enter summary judgment for Shiel Sexton as it had no duty to protect Towe.

Indiana Court of Appeals
John P. Hampton v. Audie Barber
20A-MI-143
Miscellaneous. Affirms the Delaware Circuit Court’s order granting Audie Barber’s request for a permanent injunction following his complaint for ouster of an unlawful office holder in which the court concluded that Muncie City Councilman John P. Hampton is ineligible to hold a seat on the council under Indiana Code Section 3-5-8-1(e). Finds the evidence supports the trial court’s finding that Barber has a special interest in the city council seat, and that finding supports the court’s conclusion that Barber had standing to file the complaint against Hampton. Also finds that Hampton has waived for review the issue of whether Indiana Code Section 3-8-1- 5(e)(3) violates Article 1, Section 23 of the Indiana Constitution as applied to him.

Indiana Court of Appeals
Judy Reece v. Tyson Fresh Meats, Inc., et al.
20A-CT-214
Civil tort. Majority affirms the grant of summary judgment in favor of Tyson Fresh Meats Inc. and Tyson Foods Inc. in a lawsuit alleging that tall grass on its property obstructed the view of an intersection before a crash in which a motorcyclist sustained catastrophic brain injuries. Finds Tyson negated the element of duty in Reece’s negligence claim. Senior Judge John Baker dissents, finding multiple issues of fact rendering summary judgment inappropriate, and would consequently reverse and remand for proceedings. Unanimously affirms the trial court’s evidentiary rulings.