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Thursday, January 22, 2015

Ind. Decisions - Court of Appeals issues 4 today (and 7 NFP)

For publication opinions today (4):

In Sin-Mi Ward v. University of Notre Dame, an 11-page opinion, Sr. Judge Sharpnack writes:

Sin-Mi Ward appeals from an order of the Worker’s Compensation Board (“the Full Board”) deciding her application for adjustment of claim against the University of Notre Dame (“Notre Dame”) for disability benefits arising from a work related injury. The Full Board adopted the findings and decision of the single hearing member awarding Ward permanent partial impairment (“PPI”) benefits after finding that she had reached maximum medical improvement from her injury. We affirm.
In Daniel Lee and Hui Luo Lee v. GDH, LLC , a 16-page opinion, Sr. Judge Sharpnack writes:
Daniel Lee, a plumber, was injured on the job at a construction site. He and his wife, Hui Luo Lee, sued several companies involved in the construction project, including GDH, LLC. The Lees appeal the trial court’s grant of summary judgment in favor of GDH. We affirm.
In Brian Weigel v. April Weigel, a 9-page opinion, Sr. Judge Sharpnack writes:
Brian Weigel appeals the trial court’s valuation of his hoof trimming business upon the dissolution of his marriage to April Weigel. * * *

For the reasons stated, we conclude that the trial court neither abused its discretion in valuing the hoof trimming business nor in ordering Brian to pay a portion of the expert’s fee for valuation of the business and presentation of testimony at the final hearing. Affirmed.

In Arthur Barnard III v. Menard, Inc.; Menard, Inc., and Blue Line LP, Inc. v. Capitol Specialty Insurance Corp., a 21-page opinion, Judge Baker writes:
Arthur Barnard was allegedly physically attacked by a Blue Line loss prevention officer outside a Menard store. The loss prevention officer suspected that Barnard had stolen something from the store. Barnard was injured and incurred medical expenses as a result of the incident. He filed a complaint against Menard and Blue Line, and Menard and Blue Line later filed third-party complaints against their insurer, Capitol Specialty Insurance Corporation (Capitol), invoking the insurer’s duties to defend and indemnify. The trial court granted summary judgment in favor of Menard on Barnard’s complaint and in favor of Capitol on the third-party complaints.

We find no error in the summary judgment order in favor of Menard on Barnard’s complaint. With respect to the third-party complaints against Capitol, we find that it was erroneous to grant summary judgment in favor of Capitol and that, instead, summary judgment should have been entered in favor of Menard and Blue Line with respect to Capitol’s duty to defend. Therefore, we affirm in part, reverse in part, and remand for further proceedings.

NFP civil opinions today (1):

Bogunia Electric, Inc., d/b/a Mr. Electric and Steven Bogunia v. James Yakym (NFP)

NFP criminal opinions today (6):

Santiago Valdez v. State of Indiana (NFP)

Thomas Allen Beavers v. State of Indiana (NFP)

Joshua Adam Spears v. State of Indiana (NFP)

Malcolm L. Russell v. State of Indiana (NFP)

Shawn J. Riggle v. State of Indiana (NFP)

Jason Lee Schwartz v. State of Indiana (NFP)

Posted by Marcia Oddi on January 22, 2015 12:14 PM
Posted to Ind. App.Ct. Decisions