« Ind. Decisions - 7th Circuit posts one today | Main | Ind. Decisions - One today from the Supreme Court »

Friday, April 29, 2005

Ind. Decisions - Two today from the Court of Appeals; one from Tax Court

Stelko Electric v. Taylor Community Schools Bldg. Corp. (4/29/05 IndCtApp) [Contracts; Torts]
Kirsch, Chief Judge

Stelko Electric, Inc. (“Stelko”) appeals the trial court’s grant of summary judgment in favor of Taylor Community Schools Building Corporation (“Taylor”) and Hagerman Construction Corporation (“Hagerman”). On appeal, Stelko raises the following restated issues: [1] Whether the trial court erred in granting summary judgment to Taylor on the basis that the terms of the contract between Stelko and Taylor barred Stelko’s breach of contract claims. [2] Whether it was error for the trial court to grant Hagerman summary judgment on the basis that the “economic loss doctrine” barred Stelko’s negligence claim. * * * Affirmed.
BAKER, J., and ROBB, J., concur
Arnold Avant v. Community Hospital and Fitness Pointe Health Club (4/12/05 IndCtApp) [Contracts]
[Initially NFP]
Crone, Judge
* * * [T]he plain language of this Release was specific and explicit as to Avant’s agreement to indemnify Fitness Pointe for its negligence, including negligent acts of its employees. When Avant signed the Release, he knowingly and willingly accepted that burden. Therefore, the trial court did not err by granting Fitness Pointe’s motion for summary judgment. Affirmed.
RILEY, J., and ROBB, J., concur
Gary M. Newby v. Ind. Dept. of State Revenue (4/27/05 IndTaxCt) [CSET]
Fisher, Judge
Gary M. Newby (Newby) appeals the final determination of the Indiana Department of State Revenue (Department) assessing him with controlled substance excise tax (CSET). The matter is before the Court on Newby’s motion for summary judgment. The issues before the Court are: (1) whether double jeopardy precludes the Department’s assessment of CSET against Newby; and (2) whether the imposition of CSET violates the provisions of Newby’s plea agreement with the State of Indiana. For the following reasons, the Court DENIES Newby’s motion for summary judgment.

Posted by Marcia Oddi on April 29, 2005 12:49 PM
Posted to Ind. App.Ct. Decisions