COA reinstates much of Gary’s welcoming ordinance
The city of Gary can roll out the welcome mat once again after the Court of Appeals of Indiana found that much of its welcoming ordinance did not violate state law.
Court opinions
Articles
7th Circuit: No duty of care owed to man injured while driving pallet jack
A pallet company did not owe a duty of care to a man whose foot was crushed and amputated after he was injured while operating a machine used to lift and transport pallets, the 7th Circuit Court of Appeals has affirmed.
Supreme Court affirms ruling for INDOT in injured motorist’s negligence case
An injured motorist who crashed his car into a tree after hydroplaning on Interstate 74 during a downpour did not convince the Indiana Supreme Court that his negligence suit against the Indiana Department of Transportation should proceed.
Split Supreme Court reverses summary judgment, immunity for INDOT in hydroplane lawsuit
Immunity for the Indiana Department of Transportation against a motorist’s personal injury lawsuit wasn’t appropriate because the agency knew of flooding issues on a northern Indiana highway for years and failed to remedy the problem before a woman was injured after her vehicle hydroplaned, a split Indiana Supreme Court has ruled.
Judge: Texas abortion law’s enforcement mechanism not valid
A Texas judge said Thursday the enforcement mechanism behind the nation’s strictest abortion law — which rewards lawsuits against violators by awarding judgments of $10,000 — is unconstitutional in a narrow ruling that still leaves a near-total ban on abortions in place.
Court rejects Trump’s efforts to keep records from 1/6 panel
A federal appeals court ruled Thursday against an effort by former President Donald Trump to shield documents from the House committee investigating the Jan. 6 insurrection at the Capitol.
COA reverses possession conviction, finds Drugs.com not admissible as drug identification
A man convicted on multiple drug charges has secured a partial reversal after the Court of Appeals of Indiana determined that evidence obtained from a drug information website was inadmissible at his trial.
Ex-hospital employee’s unauthorized access to patient info leaves genuine questions of fact, COA rules
A hospital group and its former employee at odds over her unauthorized access of confidential patient records aren’t quite finished with their legal battle, the Court of Appeals of Indiana ruled Wednesday.
Appellate court affirms dismissal of contractor’s counterclaims after use of fraudulent docs
A contractor’s counterclaims against a group of property owners will not move forward after the Court of Appeals of Indiana determined a trial court didn’t err when it granted partial summary judgment to the owners because the contractor tendered fraudulent documents.
Supreme Court adopts Savage rule, finds Celadon not liable for driver injury
In a case of first impression, a split Indiana Supreme Court adopted the Savage rule in finding that Celadon Group was not liable for injuries a truck driver sustained when he opened the doors of a trailer and a load of “used, oily trays” fell on him.
Inmates seeking COVID compassionate release face higher hurdle with 7th Circuit ruling
Since March 2020, attorney Kathryn DiNardo has taken up dozens of cases through the Indiana Federal Community Defenders from inmates hoping to be released early because of the pandemic. Those cases are but a drop in the bucket of inmates who have applied for compassionate release, and a July ruling from the 7th Circuit Court of Appeals has seemingly further dwindled their chances of success.
Indiana Court Decisions – Nov. 17-30, 2021
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit reverses summary judgement for Indy police officer in excessive force case
The 7th Circuit Court of Appeals is sending an excessive force case back down to the U.S. District Court for the Southern District of Indiana after it found the district court erroneously awarded summary judgment to an Indianapolis police officer and the city.
Opinions Dec. 1, 2021
Court of Appeals of Indiana
State of Indiana v. Brian Koorsen and Kelly Hoffman
20A-PL-2306
Civil plenary. Reverses the Hamilton Superior Court’s decision that landowners Brian Koorsen and Kelly Hoffman accepted the state of Indiana’s $45,000 settlement offer and were entitled to an additional $171,640.56 in litigation expenses. Finds that because the landowners did not mutually assent to the state’s offer to settle the cause for $45,000, the trial court erred in entering a judgment against the state for $216,640.56. Remands for further proceedings.
State secures reversal in Carmel residents’ inverse condemnation action
No settlement agreement was reached between the state of Indiana and two Carmel landowners who brought an inverse condemnation action costing the state more than $200,000, the Court of Appeals of Indiana ruled in a Wednesday reversal.
COA partially reverses denial of suppression in father’s murder, neglect case
A man charged with the murder of his 12-year-old son won a partial reversal from the Court of Appeals of Indiana after his motion to suppress evidence against him was denied.
Multimillion-dollar lawsuit against Indianapolis apartment complex can proceed, COA rules
A pro se litigant who filed a $2.5 million lawsuit in Marion Superior Court using a small claims form will be able to seek damages from her landlord after the Court of Appeals of Indiana found res judicata did not bar all her claims.
Opinions Nov. 29, 2021
Indiana Court of Appeals
Cole G. Strack v. State of Indiana
21A-CR-922
Criminal. Affirms Cole Strack’s six-year sentence, with two years suspended, for convictions of operating a vehicle while intoxicated and possession of marijuana. Finds the Wells Superior Court did not violate Strack’s right to allocution. Also finds the trial court’s error in precluding evidence pertaining to parenting issues with his child’s mother was harmless. Finally, finds that while the trial court’s failure to afford mitigating weight to Strack’s entry of a guilty plea was an abuse of discretion, declines to remand for resentencing due to the abuse of discretion and alleged cumulative effect of the trial court’s errors.
Father convicted of OWI with child in car loses appeal of 6-year sentence
A man convicted of operating a vehicle while intoxicated with his toddler in the car could not convince the Court of Appeals of Indiana that he was denied his right to allocution or that his sentence should be reconsidered.
Opinions Nov. 24, 2021
Court of Appeals of Indiana
Butler Motors, Inc., et al. v. Michael Benosky, et al.
20A-PL-1871
Civil plenary. Affirms the Marion Superior Court’s denial of two consolidated motions to dismiss filed by numerous automobile dealer defendants against a group of customers who purchased or leased vehicles from the dealers and who sued under the Deceptive Consumer Sales Act and the Motor Vehicle Dealer Services Act. In an interlocutory appeal, finds the trial court did not err by denying the respective motions to dismiss.