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Monday, December 14, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 7 NFP memorandum decision(s))

For publication opinions today (1):

In F. John Rogers, as Personal Representative of Paul Michalik, Deceased, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul Brothers, a 15-page opinion, Judge Barnes writes:

F. John Rogers, as the personal representative of Paul Michalik, deceased, and R. David Boyer, as trustee of the bankruptcy estate of Jerry Chambers, (collectively “the Appellants”) appeal the trial court’s granting of a motion to strike and a motion for summary judgment filed by Angela Martin. * * *

The Appellants filed a complaint against Martin and Brothers alleging in part that Martin violated the Dram Shop Act by furnishing alcohol to Brothers and that Martin failed to render aid to Michalik. Martin filed a motion for summary judgment, and the Appellants responded. Martin then replied, and a hearing was held. The trial court granted Martin’s motion for summary judgment. The Appellants now appeal. * * *

Because there is a question of fact regarding whether Martin furnished alcohol to Brothers, the trial court erroneously granted summary judgment to Martin on the Appellants’ Dram Shop Act claim. Further, we conclude that Martin, as a social host, owed Michalik a duty to render aid, and questions of fact remain regarding whether she breached that duty. We reverse and remand.

NFP civil decisions today (1):

In the Matter of the Involuntary Term. of Parent-Child Relationship of T.M. and A.C., Minor Children and their Father, J.C. v. Marion Co. Dept. of Child Services (mem. dec.)

NFP criminal decisions today (6):

Juan Carlos Brown v. State of Indiana (mem. dec.)

Rodger L. Blackburn v. State of Indiana (mem. dec.)

Charles Edward Henry v. State of Indiana (mem. dec.)

Thaddeus L. Rodriguez v. State of Indiana (mem. dec.)

Christopher Smith v. State of Indiana (mem. dec.)

Aaron S. Buck v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on December 14, 2015 11:12 AM
Posted to Ind. App.Ct. Decisions