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Thursday, November 03, 2011

Ind. Decisions - Court of Appeals issues 1 today (and 0 NFP)

For publication opinions today (1):

In Michael Dodd and Katherine Dodd v. American Family Mutual Insurance Company, a 12-page opinion, Sr. Judge Barteau writes:

The Dodds raise one issue, which we restate as: whether the trial court erred by granting summary judgment to American Family. * * *

[T]he Dodds admitted to the trial court that their claims for punitive damages and intentional infliction of emotional distress could not survive American
Family’s second motion for summary judgment. Having made that admission to the trial court, the Dodds, like the plaintiff in Hockett, are bound by their admission and cannot proceed with those claims on appeal. The trial court did not err by granting American Family’s motion for summary judgment on the Dodds’ claims for punitive damages and intentional infliction of emotional distress. The Dodds’ claim for breach of contract remains to be addressed on remand.

NFP civil opinions today (0):

NFP criminal opinions today (0):

Posted by Marcia Oddi on November 3, 2011 09:54 AM
Posted to Ind. App.Ct. Decisions