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Friday, February 24, 2017

Ind. Decisions - Court of Appeals issues 10 opinion(s) today (and 7 NFP memorandum decision(s))

For publication opinions today (10):

In Elizabeth Roumbos v. Samuel G. Vazanellis and Thiros and Stracci, PC, an 11-page opinion, Judge Najam writes:

Elizabeth Roumbos appeals the trial court’s entry of summary judgment for Samuel G. Vazanellis and Thiros and Stracci, PC (collectively, “the law firm”). Roumbos raises two issues for our review, which we consolidate and restate as whether the trial court erred when it entered summary judgment. We hold that, although the designated evidence shows that Roumbos, as a business invitee, was aware of a dangerous condition on the floor of the business, a genuine question of material fact exists with respect to whether the business owner should have anticipated Roumbos’ harm despite her knowledge. Accordingly, we reverse and remand for further proceedings.
In East Wind Acupuncture, Inc. v. Review Board of the Indiana Department of Workforce Development and Elly A. Lesnick , a 10-page opinion, Judge Najam concludes:
The Review Board concluded that Zaranski’s treatment of Lesnick gave Lesnick good cause to voluntarily leave her employment. That judgment was squarely within the Review Board’s prerogative on this record. Employees are not obliged to endure treatment such as Zaranski’s treatment of Lesnick. In other words, Zaranski’s treatment of Lesnick was so unreasonable or unfair that “a reasonably prudent person would be impelled to leave” her employment because of it. See Ky. Truck Sales, 725 N.E.2d at 526. East Wind’s arguments to the contrary simply seek to have this court reweigh the evidence on appeal or otherwise consider evidence other than that which is most favorable to the Review Board’s judgment, which we will not do. Accordingly, we affirm the Review Board’s judgment.
C.S. v. State of Indiana

Emmett Reece Sandoval v. State of Indiana

Deborah S. Pridemore v. State of Indiana

Jefferson Jean-Baptiste v. State of Indiana

Jerry L. McClure v. State of Indiana

Billy Brantley v. State of Indiana

Keyshawn D. Sanders v. State of Indiana

Michael Dowdell v. State of Indiana

NFP civil decisions today (3):

Jason Daniel Carlton Webb v. Holly White (mem. dec.)

Aviation Consultants, Inc. v. Timken Alcor Aerospace Technologies,; Honaker Aviation, Inc.; and Jet Access Aviation, LLC (mem. dec.)

Sheila Manhas, M.D. v. Franciscan Hammond Clinic, LLC, Hammond Clinic, LLC, and Deepak Majmudar, M.D., Individually (mem. dec.)

NFP juvenile and criminal decisions today (4):

J.P., Jr. v. State of Indiana (mem. dec.)

Johiney Jesus Acuna-Hinojosa v. State of Indiana (mem. dec.)

Stacey Jo Caton v. State of Indiana (mem. dec.)

Daris Deshawn Grant v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on February 24, 2017 12:46 PM
Posted to Ind. App.Ct. Decisions