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Tuesday, October 18, 2016

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

For publication opinions today (1):

In State of Indiana ex rel. Indiana Department of Transportation v. Joshua Dehaven and FBi Buildings, Inc. , a 10-page opinion, Judge Riley writes:

Appellant-Plaintiff, State of Indiana, ex rel. Indiana Department of Transportation (INDOT), appeals the trial court’s denial of its motion for summary judgment in favor of Appellees-Defendants, Joshua DeHaven and FBi Buildings, Inc. We affirm.

INDOT raises two issues on appeal, one of which we find dispositive and which we restate as: Whether INDOT is entitled to recover, as a matter of law, the actual cost incurred to repair the bridge after DeHaven struck it with his trailer. * * *

INDOT contends that the trial court erred when it denied its summary judgment on damages. It asserts that as a tort victim, INDOT must be restored to the position it held prior to DeHaven’s negligence and, therefore, it is entitled to recover the actual cost of repairs, which constitute reasonable damages as a matter of law. However, Appellees respond that once INDOT submitted evidence of the costs to repair the damage to the bridge, Appellees “were afforded an opportunity to designate evidence establishing that the value of the damage sustained was less than the cost evidence tendered by [INDOT], . . . by demonstrating that INDOT had failed to reasonably mitigate its damages.” * * *

While we agree with INDOT that Appellees must take their victim as they find it, we also point out that a victim is under a duty to mitigate damages.

NFP civil decisions today (2):

In the Matter of the Guardianship of A.P., Adult, Louisa Jurich v. Louis Picicco (mem. dec.)

In Re the Matter of the Termination of the Parent-Child Relationship of: G.S. and B.S. (Minor Children), And N.S. (Father) v. The Indiana Department of Child Services (mem. dec.)

NFP criminal decisions today (5):

Cassidi Mosier v. State of Indiana (mem. dec.)

Richard Jones v. State of Indiana (mem. dec.)

Lynn K.C. Sines v. State of Indiana (mem. dec.)

Phillip D. Martin v. State of Indiana (mem. dec.)

Bennie Truth v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on October 18, 2016 11:00 AM
Posted to Ind. App.Ct. Decisions