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Thursday, September 25, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)

For publication opinions today (1):

In Averitt Express, Inc. v. State of Indiana ex rel. Indiana Department of Transportation, an 18-page decision with a concurring opinion, Sr. Judge Barteau writes:

Averitt Express, Inc., appeals the trial court’s denial of its motion for summary judgment and grant of summary judgment in favor of the State of Indiana, acting on behalf of the Indiana Department of Transportation (INDOT). We affirm in part, reverse in part, and remand. * * *

The trial court properly denied Averitt’s motion for summary judgment. However, although the State was legally authorized to file suit for damage to its property, a dispute of material fact precludes the entry of summary judgment for the State. For the reasons stated above, we affirm the judgment of the trial court in part, reverse in part, and remand for further proceedings.

NAJAM, J., concurs.
BRADFORD, J., concurs with separate opinion. [which begins, on p. 15] While I concur with the disposition of the issues in all respects, I write separately to share some thoughts on both the admissibility of police-prepared accident reports and paragraph six of Trooper Mullen’s affidavit.

NFP civil opinions today (3):

Indiana Farm Bureau Insurance Company, as Subrogee of Real Estate Technologies, LLC v. Wood Shield, LLC (NFP)

In the Matter of: P.S. and K.S., Child in Need of Services, T.F. (Mother) and C.S. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (NFP)

Frederick Cashner, Sr. and Lucille Cashner v. Western-Southern Life Assurance Company (NFP)

NFP criminal opinions today (6):

Adam Prater v. State of Indiana (NFP)

Francisco Villegas, Jr. v. State of Indiana (NFP)

Taevon Spivey v. State of Indiana (NFP)

Kenneth Washington v. State of Indiana (NFP)

Giavonni Montez Wickware v. State of Indiana (NFP)

Elon Brown v. State of Indiana (NFP)

Posted by Marcia Oddi on September 25, 2014 11:01 AM
Posted to Ind. App.Ct. Decisions