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Thursday, February 28, 2008

Ind. Decisions - Court of Appeals issues 3 today (and 7 NFP)

For publication opinions today (3):

In Noah Bailey v. State Farm Mutual Automobile Insurance Company, a 17-page opinion, Judge Robb writes:

Noah Bailey appeals following a jury trial at which the jury found for the defendant below, State Farm Mutual Automobile Insurance Company (“State Farm”). Bailey raises two issues, which we restate as whether the trial court abused its discretion in denying Bailey’s Motion to Conform Pleadings to the Evidence and in refusing to give Bailey’s tendered instruction regarding a theory of negligent entrustment. Concluding that the trial court did not abuse its discretion in either regard, we affirm.
In Shawn E. Norris v. State of Indiana, a 16-page opinion, Judge Robb writes:
Shawn Norris appeals from the trial court’s summary disposition of his petition for post-conviction relief. Norris raises the sole issue of whether the trial court improperly granted summary disposition. Concluding that issues of material fact preclude summary disposition, we reverse and remand with instructions that the trial court conduct a hearing on Norris’s petition.
In Gary Gerlach v. Larry Gene Woodke , a 10-page opinion, Judge Robb writes:
Gary Gerlach appeals the decision of the Full Worker’s Compensation Board (the “Board”) affirming the decision of a hearing member, who concluded Gerlach’s employee, Larry Woodke, was eligible for worker’s compensation benefits. On appeal, Gerlach raises one issue, which we restate as whether the hearing member properly found that Woodke was not a farm or agricultural employee within the meaning of Indiana Code section 22-3-2-9(a). We affirm, concluding the evidence presented to the hearing member establishes that at the time of his injury, Woodke was not working as a farm or agricultural employee.
NFP civil opinions today (3):

Invol. Term. of the Parent/Child Rel. of M.H.1,M.H.2,M.H.3,M.H.4, minor children, and their father Thaddeus Harris v. Marion Cnty. Dept. of Child Services, and Child Advocates, Inc. (NFP) - Termination, affirmed.

George Reid, Personal Representative of the Estate of Mary Reid, Deceased v. Jamie Black a/k/a Jamie Black McDaniel (NFP) - "The Estate raises three issues, but we find one issue dispositive; whether genuine issues of material fact existed making the trial court’s grant of summary judgment improper. Concluding a genuine issue of material fact exists as to whether the statute of limitations has run, we reverse and remand for further proceedings." Note this is a 2-1 opinion.

Chicago Title Insurance Company v. Juanita A. Gresh, Individually and as a representative of a class of persons similarly situated (NFP) - "Chicago Title Insurance Company (“Chicago Title”) challenges by interlocutory appeal a trial court order granting class certification. We reverse and remand. The dispositive issue is whether the trial court abused its discretion in finding that common issues would predominate over issues affecting individual class members."

NFP criminal opinions today (4):

William Owen v. State of Indiana (NFP)

William Caudill v. State of Indiana (NFP)

Sarah Ping v. State of Indiana (NFP)

Jonathan E. Sapp v. State of Indiana (NFP)

Posted by Marcia Oddi on February 28, 2008 11:57 AM
Posted to Ind. App.Ct. Decisions