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Wednesday, October 12, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 8 NFP memorandum decision(s))

For publication opinions today (1):

In Brenda K. (Layman) Smith and John C. Smith v. Dunn Hospitality Group Manager, Inc. d/b/a Comfort Inn, a 9-page opinion, Judge Riley concludes:

The Smiths contend that the relevant provisions of the Innkeeper Statute are not applicable because “[t]he Comfort Inn’s agents facilitated the theft of the Smiths’ property.” (Appellants’ Br. p. 11). To support their argument, the Smiths rely on a negligence theory to state that “[t]he fact that the Smiths’ personal property was removed from their room and disposed of without their consent or financial benefit clearly establishes injury proximately caused by the Comfort Inn’s act in allowing an unauthorized third party access to the Smiths’ room.” (Appellants’ Br. p. 13). Nevertheless, besides the assertion in the Complaint that the Comfort Inn allowed Crawley to enter their room, the designated evidence is void of any indication that the Comfort Inn or its agents conspired with Crawley to commit a theft of the Smiths’ property. In fact, by specifically relying on a negligence theory in an attempt to establish an intentional tort or criminal activity on the part of the Comfort Inn, the Smiths place their situation squarely within the statutory provision of I.C. § 32-33-7-3. Therefore, we agree with the trial court that no genuine issue of material fact exists that would prevent entering summary judgment in favor of the Comfort Inn.
NFP civil decisions today (3):

In the Matter of A.J.T. (Minor Child) M.T. (Father) v. J.R. (mem. dec.)

In Re: The Paternity of A.R. (Minor Child) A.R. (Minor Child) by Next Friend, C.T., III v. J.R. (mem. dec.)

In the Matter of the Termination of the Parent-Child Relationship of S.C., Minor Child, and S.J., Father, S.J. v. Indiana Department of Child Services (mem. dec.)

NFP criminal decisions today (5):

State of Indiana v. Christopher J. Basinger (mem. dec.)

Bryant Hughes v. State of Indiana (mem. dec.)

Arnell Lyles v. State of Indiana (mem. dec.)

Emmanuel Arrington v. State of Indiana (mem. dec.)

Charles Anthony Hardy, Jr. v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on October 12, 2016 11:07 AM
Posted to Ind. App.Ct. Decisions