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Wednesday, July 23, 2014

Ind. Decisions - Court of Appeals issues 2 today (and 12 NFP)

For publication opinions today (2):

In Joseph Laycock v. Joseph Sliwkowski, M.D., a 13-page opinion, Judge Barnes writes:

Laycock raises one issue, which we restate as whether there is designated evidence that Dr. Sliwkowski caused injury or damages to Laycock. * * *

[B]ecause there is no claim, let alone evidence, that Laycock had a fifty percent or worse change of recovery from the original injury, we must conclude he has not established that the Mayhue approach applies here. Thus, traditional causation principles apply to his case. Accordingly, Laycock had the burden of producing expert testimony rebutting Dr. Sliwkowski’s evidence that he did not cause Laycock’s injuries. * * *

Because the designated evidence does not establish a genuine issue of material fact on the issue of causation, the trial court properly granted Dr. Sliwkowski’s motion for summary judgment. We affirm.

In Willie L. Montgomery v. State of Indiana , an 8-page opinion, Judge Baker writes:
In this interlocutory appeal, appellant-defendant Willie Montgomery challenges the trial court’s denial of his motion to dismiss the charge of Failure to Register as a Sex or Violent Offender1 in Vanderburgh County. Montgomery argues that the trial court erred in dismissing his motion because he had already been prosecuted for failing to register as a sex offender in Pike County. More particularly, Montgomery contends that prosecuting him for failing to register in both counties is barred under Indiana Code section 35-34-1-4(a)(7) and violates double jeopardy principles. We find that the charge in question is not barred under Indiana Code section 35-34-1-4(a)(7) and does not violate double jeopardy principles. We remand to the trial court for trial.
NFP civil opinions today (4):

Walter J. Bramage v. Discover Bank (NFP)

In Re: the Termination of the Parent-Child Relationship of: S.J. (Minor Child), And D.C. (Father) v. The Indiana Department of Child Services (NFP)

Adam Trusty and Brittany Trusty v. David L. Hood (NFP)

Michael J. Frey and Theresa Frey v. Quality Dining, Inc. d/b/a, Chili's and Chili's of Christana, Inc., d/b/a Chili's Restaurant (NFP)

NFP criminal opinions today (8):

Freemond Jordan v. State of Indiana (NFP)

Joseph Chadwick Cole v. State of Indiana (NFP)

Briandre Q. Howard v. State of Indiana (NFP)

David Jastrzembski v. State of Indiana (NFP)

Joseph R. Mosley v. State of Indiana (NFP)

Shannon Goodman v. State of Indiana (NFP)

Delvon Tolbert v. State of Indiana (NFP)

Adam Taylor v. State of Indiana (NFP)

Posted by Marcia Oddi on July 23, 2014 01:42 PM
Posted to Ind. App.Ct. Decisions