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Friday, June 20, 2008

Ind. Decisions - Court of Appeals issues 1 today (and 7 NFP)

For publication opinions today (1):

In Paula Ann Yates v. Johnson Co. Board of Commissioners, et al. , a 16-page opinion, Judge Barnes writes:

Paula Yates appeals the trial court’s grant of summary judgment in favor of the Edinburgh Community School Corporation (“the School Corporation”) in her personal injury negligence action against the School Corporation and others. * * *

Conclusion The trial court erred in concluding that the School Corporation owed no duty to Yates. Furthermore, Yates was not contributorily negligent as a matter of law. We reverse the grant of summary judgment in favor of the School Corporation. Reversed.

NFP civil opinions today (2):

In the Matter of K.G., Nathan Goode v. Marion County Dept. of Child Services, and Child Advocates, Inc. (NFP) - "The trial court erred in determining that K.G. was a CHINS. See In re M.W., 869 N.E.2d 1267 (Ind. Ct. App. 2007) (finding insufficient evidence to support the CHINS determination). Reversed and remanded with instructions to vacate K.G.’s CHINS determination."

Leeper Electric Services Company, Inc. v. City of Carmel (NFP) - "Leeper Electric Services, Inc. (“Leeper”), appeals a trial court judgment awarding attorney’s fees to the City of Carmel (“the City”). * * *

"Leeper’s act of filing Hamilton II was the catalyst for the motion to consolidate. Moreover, the City’s counsel, although experienced, was traversing uncharted territory. Given the uniqueness and complexity of this case, the fact that counsel’s research of Trial Rule 42 failed to produce a legal basis to consolidate Hancock II and Hamilton II does not render the research an excludable expense. The trial court did not abuse its discretion in concluding that the 8.0 hours logged in conjunction with the motion to consolidate were properly includable as an expense associated with defending Hamilton II. Affirmed."

NFP criminal opinions today (5):

Derrick K. Clay v. State of Indiana (NFP)

In the Matter of D.J. v. State of Indiana (NFP)

Devin M. Lightfoot v. State of Indiana (NFP)

Sherman Harris v. State of Indiana (NFP)

Duane L. Boyles v. State of Indiana (NFP)

Posted by Marcia Oddi on June 20, 2008 01:01 PM
Posted to Ind. App.Ct. Decisions