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Tuesday, November 26, 2013

Ind. Decisions - Court of Appeals issues 5 today (and 10 NFP)

For publication opinions today (5):

Kelley L. Kelly v. Tiffany L. Kravec

In Barbara J. Pohl v. Michael G. Pohl, a 7-page opinion, Judge Baker writes:

In this case, appellant-respondent Barbara Pohl appeals the trial court’s order denying her Petition to Terminate Post-Dissolution Spousal Maintenance. Barbara argues that because appellee-petitioner Michael Pohl’s disability was a basis on which the court has the authority to issue spousal maintenance without the agreement of the parties, the trial court had the authority to modify the spousal agreement if circumstances have changed in such a manner as to render the original agreement unreasonable. Barbara contends that the trial court used the incorrect legal standard when it required her to show fraud, duress, or mistake at the time the spousal maintenance Addendum was signed.

We conclude that, in considering the evidence, the trial court could have refused to modify the agreement under a standard requiring a showing of fraud, duress, or mistake or a standard requiring a substantial and continuing change of circumstances. We therefore affirm the decision of the trial court.

In Sally Thompson, Widow of Dennis Thompson v. York Chrysler, an 8-page opinion, Judge May writes:
Sally Thompson, widow of Dennis Thompson, appeals the determination by the Indiana Worker’s Compensation Board (“Board”) that Dennis did not prove his injury was compensable. Sally raises two issues, which we restate as whether evidence supported the Board’s findings of fact and whether the findings supported its conclusions of law. We reverse and remand. * * *

The Board determined Sally had not met her burden to show Dennis’s injuries arose out of and occurred in the course of his employment. * * *

The uncontradicted evidence shows the confrontation between Dennis and Blackford stemmed from their work relationship. * * *

The evidence regarding who initiated the single altercation was that Blackford “started into [a] real bad verbal rampage to [Dennis].” (Tr. at 71.) That indicates Blackford was the initial aggressor, and the evidence presented does not support the conclusions to the contrary by the Single Board Member or the Board. An injury from an assault by a co-worker may be compensable under the IWCA, Global Constr., Inc. v. March, 813 N.E.2d 1163, 1165 (Ind. 2004), and the only evidence presented was that Blackford was the aggressor. Thus we must overturn the Board’s finding to the contrary. * * *

For these reasons, we hold the Board’s findings did not support its conclusion Dennis’ injuries did not arise out of or occur in the course of his employment. Sally demonstrated Dennis was entitled to benefits.

In International Business Machines Corporation v. ACS Human Services, LLC, a 27-page opinion, Judge Bailey writes:
International Business Machines Corp. (“IBM”) and the State of Indiana (“the State”) filed lawsuits against one another related to the State’s Family and Social Services Administration (“FSSA”) modernization initiatives. The trial court ordered IBM to pay $709,398.95 in costs related to discovery and production of documents incurred by a non-party, ACS Human Services, LLC (“ACS”). Later, the trial court imposed sanctions totaling $425,178.85 against ACS in favor of IBM.

IBM and ACS each appeal. IBM seeks vacation of the costs assessed against it in favor of ACS. ACS cross-appeals, seeking an increase in the costs assessed against IBM and vacation of the sanctions assessed against it in favor of IBM. We affirm. * * *

The trial court did not abuse its discretion when it awarded ACS some, but not all, of the damages it requested as a result of its participation in discovery as a non-party under Trial Rule 34. Nor did the trial court abuse its discretion when it awarded IBM some, but not all, of the attorneys’ fees and other damages it incurred as a result of ACS’s failure to comply with the trial court’s discovery orders.

Evan Leedy v. State of Indiana

NFP civil opinions today (3):

Georgia Amerson, et al., v. Review Board of the Department of Workforce Development and Durham D&M, LLC. (NFP)

David Jessup and Diane Jessup v. Chicago Franchise Systems, Inc. and Jag's Dough Decor d/b/a Nancy's Pizza (NFP)

In Re the Marriage of Scott Roll and Carol Roll, Carol Roll v. Scott Roll (NFP)

NFP criminal opinions today (7):

Keith Walker v. State of Indiana (NFP)

Brian D. Hodges v. State of Indiana (NFP)

Deandre Watson v. State of Indiana (NFP)

Brandon A. Scott v. State of Indiana (NFP)

Kenneth Galvin v. State of Indiana (NFP)

Arturo Torres v. State of Indiana (NFP)

James Handy v. State of Indiana (NFP)

Posted by Marcia Oddi on November 26, 2013 10:32 AM
Posted to Ind. App.Ct. Decisions