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Wednesday, January 15, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP)

For publication opinions today (1):

In The City of Fort Wayne v. Northern Indiana Public Service Company and Nisource, Inc., a 9-page opinion, Judge Bradford writes:

In 2009, Appellee/Defendant/Counter-Plaintiff Northern Indiana Public Service Company (“NIPSCO”) hired a contractor to perform remediation work on land it owns in Fort Wayne. The remediation project was designed to address contamination and involved excavation and construction of an underground monolith. NIPSCO requested information from Appellant/Plaintiff/Counter-Defendant the City of Fort Wayne (“the City”) regarding the locations of underground facilities operated by the City, information the City subsequently provided. As it happened, the information was incorrect regarding the location of an underground drain, and NIPSCO’s contractor damaged the drain, causing flooding in the area. The City brought suit against NIPSCO and NiSource, NIPSCO’s sole shareholder and corporate parent. Ultimately, the trial court granted NiSource’s motion to dismiss1 and NIPSCO’s motion for summary judgment. The City now appeals, contending that the trial court erred in striking portions of an affidavit it designated, in failing to strike portions of an affidavit designated by NIPSCO, and in granting summary judgment in favor of NIPSCO. We conclude that the City’s failure to discharge its statutory duties to provide accurate locations of its underground facilities to NIPSCO is dispositive of all claims on appeal, and we affirm.
NFP civil opinions today (2):

Tracy Rambo v. Jeffrey Justice, M.D. (NFP)

Beverly Czech v. James Czech (NFP)

NFP criminal opinions today (3):

Calvin Murphy v. State of Indiana (NFP)

Gregory Poling v. State of Indiana (NFP)

Demetrius Jackson v. State of Indiana (NFP)

Posted by Marcia Oddi on January 15, 2014 11:24 AM
Posted to Ind. App.Ct. Decisions