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Tuesday, March 30, 2004

Indiana Decisions - Four new Court of Appeals decisions posted today

Federated Rural Electric Insurance Exchange v. National Farmers Union (3/30/04 IndCtApp) [Insurance]

Gene and Carolyn Lasater v. Donald House, Sr. (3/30/04 IndCtApp) [Estates & Trusts]

Concerns admissibility of expert witnesses' testimony re "undue influence."

State of Indiana v. David Leon Jones (3/30/04 IndCtApp) [Criminal Law & Procedure]

"Concluding the jury instruction at issue does not entitle Jones to post-conviction relief and Jones’ sentencing enhancements are not subject to [the double enhancement prohibition of Ross v. State], we reverse and remand."

Richard and Janet Orban v. Dana Krull, et al. (3/30/04 IndCtApp) [Torts]
Mathias, Judge

Richard and Janet Orban filed an accountant malpractice and a tortious interference with contract complaint against Dana Krull (“Krull”) in Kosciusko Circuit Court. Krull moved for summary judgment, and the Orbans moved for partial summary judgment. The trial court granted Krull’s motion and denied the Orbans' motion. The Orbans appeal, presenting the following restated issues for review:
Whether an accountant may be held civilly liable for releasing client information pursuant to an Indiana Department of Revenue (“IDR”) subpoena;

Whether the undisputed facts of the case establish Krull’s actions were not the proximate cause of the Orbans’ alleged injuries;

Whether there was a contractual relationship for the Orbans to base their tortious interference with contract claim upon; and

Whether the only factually-disputed issue regarding the Orbans’ malpractice claim is the amount of damages.

We conclude both parties have failed to meet their burden of establishing they are entitled to summary judgment. Accordingly, we reverse the trial court’s decision to grant Krull’s Motion for Summary Judgment, affirm the trial court’s decision to deny the Orbans’ Motion for Partial Summary Judgment, and remand the case to the trial court for further proceedings.

Posted by Marcia Oddi on March 30, 2004 04:04 PM
Posted to Indiana Decisions