The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 6 today (and 43 NFP)

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Tuesday, December 22, 2009

Ind. Decisions - Court of Appeals issues 6 today (and 43 NFP)

For publication opinions today (6):

In Anna Williams b/n/f Randy Williams, et al v. M. Jayne Adelsperger, D.D.S., a 13-page opinion, Judge May writes:

Anna Williams brought a medical malpractice action against Dr. Jayme Adelsperger (“the Doctor”). The Doctor moved for summary judgment based on the statute of limitations for medical malpractice, because more than two years passed between August 29, 2002 -- the last date the Doctor treated Williams -- and December 2, 2004, the date Williams filed her claim. The trial court granted the Doctor’s motion. As the record reflects Williams had, by September 2003 at the latest, discovered facts that in the exercise of reasonable diligence should have led to the discovery of any medical malpractice and resulting injury, we affirm.

Bill McCausland v. Walter USA, Inc. - "McCausland's commissions and bonuses were not “wages” within the meaning of the Wage Payment and Wage Claim Statutes. Also, Walter's payment of McCausland's accrued and unused vacation time did not run afoul of the Wage Payment Statute. For all of these reasons, the trial court properly granted Walter's motion for summary judgment. Affirmed."

Robert M. Trent, Jr. v. National City Bank of Indiana - "In sum, we have found that there are no facts in the record supporting Robert's allegation that the Bank exerted undue influence over Marie, that there are no facts in the record supporting Robert's allegation that the Bank breached any duties to him, and that there are no facts in the record supporting Robert's contention that Indiana Code section 30-4-3-5 applies and should have prevented the Bank from agreeing to act as trustee of the MDK Trust. Thus, we affirm."

Eric Wade Laster v. State of Indiana - "Given the position of trust that Laster occupied with A.Z. and his threats to the child, we believe enhanced terms are warranted. But his lack of criminal history and steady employment together with the facts that there was one victim and no uncharged sexual misconduct lead us to conclude that consecutive sentences were inappropriate. Therefore, we revise Laster‟s sentences as follows: thirty-six years on each of the two class A felony convictions and six years on each of the four class C felony convictions, to be served concurrently. The judgment of the trial court is affirmed in part and reversed in part."

State of Indiana v. Anthony Jones - "The State appeals the trial court’s dismissal of three criminal cases against Anthony Jones. For our review, the State raises a single issue, which we restate as whether the trial court abused its discretion when it dismissed the cases. We conclude Jones was eligible for dismissal of the first and second cases, but not the third case at the time of the trial court’s order; however, Jones may now be eligible for dismissal of all three cases. Therefore, we affirm in part, reverse in part, and remand for further proceedings. * * *

"However, we note that assuming Jones has continued to be confined after June 19, 2009, his confinement with respect to Case 3 would exceed the maximum possible sentence for the charged crimes after an additional 170 days or approximately on December 6, 2009. Therefore, we remand this case to the trial court for further proceedings to determine whether Jones is now eligible for dismissal of the charges in Case 3."

Bradley J. Love v. Robert Rehfus, et al

NFP civil opinions today (11):

Jay H. Wright v. HSBC Bank Nevada, N.A. (NFP)

Term. of Parent-Child Rel. of Z.L. and L.L.; T.L. v. IDCS (NFP)

Denise and Richard Smith v. Carol and John Ronneau (NFP)

William R. Dobslaw v. Burkhart Advertising, Inc. (NFP)

Estate of Albrecht; Cory J. Albrecht v. Joan M. Bendel (NFP)

P.M. v. Review Board of the Indiana Dept. of Workforce Development and Employer (NFP)

Lynn E. Snyder v. Julie G. Martin (NFP)

James E. Dixon, Sr. v. Dountonia S. Dixon (NFP)

Becky D. Kelly v. Michael Francis Patrick Kelly (NFP)

Cheryl Weird v. Eric Emberton (NFP)