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Monday, October 26, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 5 NFP memorandum decision(s))

For publication opinions today (2):

In Robbie Lomax v. Jennie L. Michael, a 9-page opinion, Judge Altice writes:

Edward Lomax died as a result of injuries sustained after the bicycle he was riding was struck from behind by a vehicle driven by Jennie Michael. Robbie Lomax, individually and as Personal Representative of the Estate of Edward Lomax (the Estate), filed a wrongful death action against Jennie. The trial court granted partial summary judgment in favor of Jennie based on its conclusion that Robbie does not qualify as a dependent next of kin to Edward as required by Ind. Code § 34-23-1-1, otherwise known as the General Wrongful Death Statute (GWDS). Finding no just cause for delay, the court issued a final judgment against Robbie, individually. Robbie appeals, asserting that the facts demonstrate he does qualify as a dependent next of kin, or, in the alternative, that there is at least a question of fact as to whether he is a dependent next of kin thus making summary judgment inappropriate. * * *

Having concluded that questions of fact exist as to whether Robbie is a dependent next of kin to Edward, we reverse the trial court’s grant of partial summary judgment in favor of Jennie and remand this matter to the trial court for further proceedings.

In Adam Gaff v. Indiana-Purdue University of Fort Wayne, a 15-page opinion, Judge Najam writes:
Adam Gaff appeals the trial court’s grant of Indiana University-Purdue University of Fort Wayne’s (“IPFW’s”) motion for summary judgment. Gaff raises four issues on appeal, which we consolidate and restate as the following three issues:
1. Whether the trial court erred when it concluded that Gaff’s federal constitutional claims were not permissible under 42 U.S.C. § 1983;
2. Whether the trial court erred when it concluded that Gaff’s state constitutional claims failed as a matter of law; and
3. Whether the trial court erred when it granted Purdue’s motion for summary judgment on Gaff’s Title VII retaliation claim.
We affirm.
NFP civil decisions today (1):

Greg Rink v. Emily Rink (mem. dec.)

NFP criminal decisions today (4):

Roy Huddleston v. State of Indiana (mem. dec.)

Curtis Daugherty v. State of Indiana (mem. dec.)

Sammie L. Binion v. State of Indiana (mem. dec.)

Terry Moore v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on October 26, 2015 11:17 AM
Posted to Ind. App.Ct. Decisions