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Wednesday, January 26, 2005

Ind. Decisions - Two today from the Court of Appeals

Corey Purifoy v. State of Indiana (1/26/05 IndCtApp) [Criminal Law & Procedure]
Barnes, Judge

Corey Purifoy appeals his conviction and part of his sentence for theft. We affirm. * * *

The introduction of allegedly inadmissible hearsay in this case did not constitute fundamental error, and there was sufficient evidence to support Purifoy’s conviction. Additionally, the trial court did not err in imposing a fine and costs against Purifoy as part of his sentence. We affirm. Affirmed.
MAY, J., concurs.
DARDEN, J., concurs in result.

In Re The Estate of Mary A. Cullop (/1/26/05 Ind CtApp) [Torts]
Vaidik, Judge
Following an automobile collision resulting in the death of his wife, Larry Cullop filed a negligence action against property owners and tenant farmers of land from which water had been diverted onto a roadway. The trial court granted summary judgment in favor of the property owners and tenant farmers. Because the property owners and the tenant farmers neither knew nor should have known of the latent design defect in the highway approach, which was designed, constructed, and maintained by the State, we find that they did not breach their common law duty to refrain from creating hazards to the traveling public. Additionally, we decline to recognize a private cause of action under Indiana Code § 9-21-19-6. Accordingly, we affirm the trial court’s grant of summary judgment to both the property owners and the tenant farmers. * * *

Based on the foregoing, we conclude that both the Property Owners and the McCammons are entitled to summary judgment. Affirmed.
RILEY, J., and CRONE, J., concur.

Posted by Marcia Oddi on January 26, 2005 02:28 PM
Posted to Ind. App.Ct. Decisions