| Indiana Jury Verdicts, Settlements and Court Decisions |
| |
|
David Sees and Robert Ables v. Koorsen Fire & Security, Inc.
|
|
David Sees and Robert Ables (collectively, “Appellants”) bring this interlocutory appeal of the trial court’s preliminary injunction in the action brought against them by Koorsen Fire & Security, Inc. (“Koorsen”). We affirm in part, reverse in part and remand.
ISSUES
1. Whether the trial court erred by entering an order that enjoined Ables from competing against Koorsen for... More... $0 (07-25-2008 - IN)
|
|
In Re The Marriage of Mahmoud M. Basileh v. Arwa G. Alghusain
|
|
After the Indiana trial court granted the motion of Arwa Alghusain (“Mother”) to transfer jurisdiction over her children’s child support matters to her home county of Monterey County, California, Mahmoud M. Basileh (“Father”), the children’s father, appeals. Pursuant to the jurisdiction provision of the Uniform Interstate Family Support Act (“UIFSA”), continuing, exclusive jurisdic... More... $0 (07-29-2008 - IN)
|
|
Gary Community School Corporation v. Neal Boyd III and Theresa Stanback, As parents of Neal Boyd IV
|
|
Gary Community School Corporation (“GCSC”) appeals a jury verdict in favor of Neal Boyd III and Theresa Stanback (collectively “Parents”), as parents of Neal Boyd IV (“Neal”) on Parents’ claim of negligence against GCSC for the death of Neal, which occurred at Lew Wallace High School (“Lew Wallace”), a part of GCSC. GCSC raises several issues, of which we find the following dispo... More... $0 (08-13-2008 - IN)
|
|
Chanelle Linet Alexander, et al. v. The Marion County Sheriff and The Commissioners of the Indiana Department of Administration
|
|
Chanelle Linet Alexander, et al. (the Class) are persons (i.e., family members, friends, and attorneys) who have been charged and/or have paid for collect telephone calls from inmates of the Marion County jail and those incarcerated in Indiana Department of Correction (IDOC) facilities. This case was first brought to this court following the trial court’s dismissal of the Class’s complaint for... More... $0 (08-13-2008 - IN)
|
|
Fern E. Firestone, et al. v. American Premier Underwriters, Inc., (formerly know as Penn Central Corporation; and U.S. Railroad Vest, Corp.
|
|
Appellants-Plaintiffs Wayne E. Boyd and Bunker Farms, LLC, by Dean V. Kruse (collectively “Bunker Farms”) appeal a judgment enjoining them from pursuing a quiet title action and ordering DeKalb County officials to issue title of real estate to American Premier Underwriters, Inc. (“APU”), formerly known as Penn Central Corporation.1 We affirm.
ISSUE
Bunker Farms raises one... More... $0 (08-13-2008 - IN)
|
|
Nautilus Insurance Co. v. David Reuter, Individually and as Representative of the State of Shirley Reuter and Justin Chretien
|
|
After numerous small corporations submitted claims to Nautilus Insurance Company (“Nautilus”) for the insurer’s defense and indemnity for lawsuits the small corporations were facing, Nautilus sought a declaration that it did not owe such duties to the small corporations for the underlying claims. The insurance policies did not contain choice-of-law provisions; as a federal court sitting in I... More... $0 (08-08-2008 - IN)
|
|
Jeff Maynard v Tribune Star
|
|
Jeff Maynard sued the Tribune Star newspaper on a defamation theory claiming that defendant published stores about him after he was accused of wrongdoing by a Clay City woman who made allegations of misconduct following a February 28, 2004, traffic stop. Maynard contended that the Tribune-Star published two articles in March and April of 2004 containing allegations against him that “were false a... More... $1500000 (07-25-2008 - IN)
|
|
Sofia Lopez De Manez, et al. v. Bridgestone Firestone North American Tire, LLC, et al.
|
|
This appeal arises out of one of the many cases that were filed against Ford Motor Company and Bridgestone/Firestone, Inc. (now known as Bridgestone Firestone North American Tire, LLC), after some Firestone tires installed on Ford Explorers exploded, often with catastrophic consequences. Although most of those lawsuits involved U.S. citizens who were driving their cars within the United States, a ... More... $0 (07-17-2008 - IN)
|
|
Steven Peters v. Gilead Sciences, Inc.
|
|
Steven Peters suffered a shoulder injury while he was employed by Gilead Sciences, Inc. He took a relatively short medical leave to have corrective surgery, and when his condition did not improve after returning to work, he took another leave. During his second absence, Gilead filled his position with another employee, and when Peters returned to work, Gilead offered him a different position. He d... More... $0 (07-17-2008 - IN)
|
|
Vivian Brown v. Family Dollar Stores of Indiana, L.P.
|
|
Plaintiff-Appellant Vivian Brown brought an action against her former employer, Family Dollar Stores of Indiana, LP (“Family Dollar”), alleging that Family Dollar failed to pay in a timely manner overtime wages due her in violation of the Fair Labor Standards Act, (“FLSA”), 29 U.S.C. 201 et seq., the Indiana Wage Payment Statute, Ind. Code § 22-2-5-1 et seq., and the Indiana Wage Claim St... More... $0 (07-17-2008 - IN)
|
|
John D. Sheridan, et al. v. Marathon Petroleum Company LLC, et al.
|
|
The plaintiffs, a Marathon dealer
in Indiana and a company owned by him to whom he
assigned his dealership contract, filed suit against Marathon
under section 1 of the Sherman Act, 15 U.S.C. § 1,
charging it with tying the processing of credit card sales
to the Marathon franchise and also with conspiring with
banks to fix the price of the processing service. The tying
arrangement is challen... More... $0 (06-23-2008 - IN)
|
|
Leslie Jill Mieth v. Yorktown Health and Diagnostic
|
|
Leslie Jill Mieth sued Yorktown Health and Diagnostic and others for failing to properly diagnose and treat a malignant melanoma cancer on her foot. She claimed that defendants failed to have appropriate pathological examination of tissue removed from her foot in 2002. Plaintiff claimed that Mohammed S. Bahrami, then practicing at Yorktown Health and Diagnostic, removed a tumor from Jill Mieth's... More... $3250000 (06-28-2008 - IN)
|
|
J'Neane C. Bantz, etc. v. Americare Communities & Assisted Living of Portland and Hartford City, LLC
|
|
Appellant-plaintiff J'Neane C. Bantz, personal representative of the Estate of Verlin Lee Bantz (the Estate), appeals the trial court's order granting summary judgment in favor of appellee-defendant Americare Communities & Assisted Living of Portland and Hartford City, LLC (Americare), on the Estate's complaint. Specifically, the Estate argues that the trial court erroneously concluded that Americ... More... $0 (06-18-2008 - IN)
|
|
Indiana Farm Bureau Insurance v. Justin R. McIntire
|
|
Appellant-defendant Indiana Farm Bureau Insurance (Farm Bureau) appeals the trial court's order granting partial summary judgment against it and in favor of appellee-plaintiff Justin R. McIntire. Specifically, Farm Bureau contends that it was error for the trial court to conclude as a matter of law that there was a contract between the parties. Concluding that the trial court's entry was not a fin... More... $0 (06-13-2008 - IN)
|
|
Olympus Properties, LLC v. John Plotzker
|
|
After Jason Plotzker breached one lease, Olympus Properties, LLC, repudiated a subsequent lease. Plotzker commenced an emergency possessory action in small claims court, and the court awarded Plotzker possession of the apartment and attorney fees. Because Plotzker was not a tenant as defined by statute, we reverse and remand.
FACTS AND PROCEDURAL HISTORY1
Plotzker is a student at I... More... $0 (06-13-2008 - IN)
|
|
Robert F. Keck and Janet L. Russell v. Mary Ann Walker, et al.
|
|
Robert F. Keck and Janet L. Russell claim they are entitled to property devised to their mother, Luella Keck, in the will of Edith M. Dawdy. The trial court concluded the devise lapsed and granted summary judgment for Dawdy's personal representative and the other beneficiaries of her will ("Appellees"). Keck and Russell filed a motion to correct error, which was denied. They appeal from that order... More... $0 (06-18-2008 - IN)
|
|
Wendell Iddings v. Darran T. Cole
|
|
In 2000, Iddings hired attorney Darren Todd Cole to represent him in a criminal matter and paid Cole a retainer and investigative fee. Cole withdrew his appearance prior to trial and another attorney represented Iddings at trial. Iddings was convicted. We affirmed his conviction and sentence. Iddings v. State, 772 N.E.2d 1006 (Ind. Ct. App. 2002), trans. denied 783 N.E.2d 700 (Ind. 2002).
... More... $0 (06-13-2008 - IN)
|
|
Neil Smith v. Bachelle Liddil
|
|
Neil Smith appeals from the trial court's order following a bench trial. Specifically, Smith contends that the trial court erred in granting Rachelle Liddil's complaint seeking specific performance of a real estate purchase agreement and denying his counterclaim for foreclosure.1 We affirm.
FACTS AND PROCEDURAL HISTORY
On September 29, 1991, Liddil and her late husband, Robert L. L... More... $0 (06-18-2008 - IN)
|
|
Indiana State University v. William C. LaFief and Indiana Department of Workforce Developement
|
|
The issue is whether a university professor who agreed to a fixed-term employment contract was entitled to unemployment benefits upon the non-renewal of his contract. We hold that the professor was not voluntarily unemployed and is entitled to benefits.
Facts and Procedural History
Indiana State University appointed William LaFief to a position as an assistant professor in accordan... More... $0 (06-18-2008 - IN)
|
|
National Athletic Sportswear, Inc. v. Westfield Insurance Company
|
|
This insurance contract action is before the Court on Defendant's Motion for Summary
Judgment (DE 14). The heart of this case, and the key to resolution of the parties' accusations of
breach of contract, is the legal effect of a provision in the insurance contract requiring the
insured to participate in an Examination Under Oath ("EUO") at the request of the insurance
company. Also at issue is... More... $0 (06-17-2008 - IN)
|
|
Keith Thompson, Jr. v. Rochelle Fritz
|
|
Keith Thompson, Jr. sued Rochelle Fritz, age 51, on an auto negligence theory claiming that defendant failed to exercise due care in the operation of automobile in 2006 when she struck him while he was responding on foot to a disturbance call while on duty as a city police officer. The sedan that ran over Thompson was found a few blocks away from the accident scene. Fritz admitted that she was d... More... $736960 (06-14-2008 - IN)
|
|
Cristi Owen Subart v. Sheila A. Gardner
|
|
Cristi Owen Subart sued Sheila A. Gardner on an auto negligence theory claiming that defendant failed to exercise due care in the operation of her automobile on July 18, 1998 and, as a direct result, Plaintiff was injured and damaged. Subart was stopped in the eastbound lanes of Ridge Road in Munster for a traffic light. He said Subart suffered neck injuries that resulted in $34,000 in medical bil... More... $300000 (05-24-2008 - IN)
|
|
Roger Knutson v. UGS Corp. and SDRC (Structural Dynamics Research Corporation)
|
|
The plaintiff brought this diversity
suit (governed by Indiana law) to recover almost
$700,000 in sales commissions that he claims are due
from the two defendants, a firm and its successor both of
which we refer to as the plaintiff's "employer." The district
court granted summary judgment for the employer.
The plaintiff seeks commissions on three sales or sets
of sales; we shall, aga... More... $0 (05-17-2008 - IN)
|
|
CHRISTINA SOLTYS and DANUTA PAUCH v. YVONNE COSTELLO
|
|
Christina Soltys and Danuta
Pauch were seriously injured in a car accident caused by
Yvonne Costello, who, at the time, was driving under
the influence of alcohol. Soltys and Pauch sued Costello,
who admitted liability; trial was limited to the amount of
damages owed to Soltys and Pauch. The district court
denied Soltys and Pauch's eleventh-hour motion to
amend their complaint to add a coun... More... $15000 (03-27-2008 - IN)
|
|
Cynthia Stefanatos v. Richard Schenkel
|
|
Cynthia Stefanatos sued Richard Schenkel, age 81, on a negligence theory claiming that Mr. Schenkel failed to yield the right-of-way at the intersections of Hill and Miami Streets in Wabash, Indiana on May 10, 2005 and, as direct result, the vehicle driven by Schenkel broadsided Stefanatos' vehicle causing her injuries and damages. Stefanatos, a dance instructor, suffered neck and spinal injuries ... More... $77833 (03-22-2008 - IN)
|
|
Estate of Riley Leon Chilton v. Dr. Gary Thompson, Dr. Michael Turner and Methodist Hospital
|
|
The Estate of the late Riley Leon Chilton sued Dr. Gary Thompson, Dr. Michael Turner and Methodist Hospital on a medical negligence theory (medical malpractice) individually and on behalf of the Estate of Chance Chilton for the wrongful death of Chance who died as a result of child abuse inflicted upon him by John Beauchamp, Chance's mother's live in boyfriend. Chance was taken to Methodist Hospi... More... $400000 (03-08-2008 - IN)
|
|
Laverne Tubergen v. St. Vincent Hospital and Health Care Center, Inc.
|
|
Laverne Tubergen alleges that
St. Vincent Hospital and Health Care Center ("St. Vincent")
discharged him on the basis of age, in violation of
the Age Discrimination in Employment Act of 1967, 29
U.S.C. § 621, et seq. ("ADEA"). The district court granted
summary judgment in favor of St. Vincent, and we affirm.
I. Background
Tubergen is a 65 year-old ear, nose and throat doctor. He
... More... $0 (02-27-2008 - IN)
|
|
John Doe v. General Motors Allison Gas Turbine Division
|
|
Five ex-employees of the former General Motors Allison Gas Turbine Division on fraud and breach of contract theories claiming that GM broke its promises that plaintiffs court switch from salaried positions to unionized hourly jobs at their request. Plaintiffs claimed lost wages and benefits that they would have earned if they had been allowed to switch.
GM claimed that four of the five plai... More... $3100000 (01-24-2008 - IN)
|
|
Merle V. Bettenhauser, etc. v. Thomas Godby, et al.
|
|
Appellant-Defendant Merle V. Bettenhausen ("Merle"), in his capacity as personal representative of the estate of Tony Bettenhausen, appeals from the trial court's grant of summary judgment in favor of Appellees-Plaintiffs Thomas Godby and 109 Gasoline Alley, LLC ("Plaintiffs"), and the denial of his motion for judgment on the pleadings. We reverse and remand with instructions.
FACTS
More... $0 (01-17-2008 - IN)
|
|
Sandra and Mark Brinkman v. Anne P. Bueter, M.D., James F. Dupler, M.D. and Women's Health Partnership, P.C.
|
|
Patients waited until 2000 to file their medical malpractice complaint even though all underlying events occurred in 1995. Nothing prevented them from filing a complaint within the statutory period, and the defendant medical providers are thus entitled to summary judgment under Indiana's Medical Malpractice Act.
Facts and Procedural History
Sandra Brinkman learned she was pregnant... More... $0 (01-17-2008 - IN)
|
|
Patroit Homes, Inc., et al. v. Forest River Housing, Inc. d/b/a Sterling Homes
|
|
Two companies, Patriot Homes
and Forest River Housing, compete in the modular hous2
ing manufacturing industry. Patriot sued Forest River
Housing's subsidiary, Sterling Homes, and four former
Patriot employees (now Sterling employees) for copying
their home designs. Sterling appeals the district court's
preliminary injunction order which enjoined it from
misappropriating Patriot's copyri... More... $0 (01-17-2008 - IN)
|
|
Indiana Lumbermans Mutual Insurance Company v. Reinsurance Results, Inc.
|
|
The defendant in this diversity
suit for breach of contract governed by Indiana law
appeals from the grant of summary judgment in favor of
the plaintiff. The case turns on the interpretation of a
contract between an insurance company, Lumbermens
Mutual, the plaintiff, and Reinsurance Results, the defendant,
which reviews an insurance company's claims
against its reinsurers to make sure t... More... $0 (01-17-2008 - IN)
|
|
Joseph J. Nelson and Michael Wycoff, etc. v. John r. Hodowal, et al.
|
|
Indianapolis Power & Light
Company maintains not only a defined-benefit pension
plan but also a defined-contribution supplemental plan
called the "Thrift Plan." The defined-benefit plan holds
a diversified portfolio of investments; the defined-contribution
plan initially limited employees to holding stock
of IPALCO Enterprises, Inc., the employer's parent corporation,
or bonds issued by ... More... $0 (01-06-2008 - IN)
|
|
John Mesman and Judy Mesman v. Crane Pro Services, a division of Konecranes, Inc.
|
|
This products-liability case is
before us for the second time. 409 F.3d 846 (7th Cir. 2005).
Federal jurisdiction is based on diversity of citizenship,
and the tort issues are governed by Indiana's productsliability
statute and its common law of torts. John Mesman,
an employee of a manufacturer of steel products named
Infra-Metals, was gravely injured when a load of steel
sheets that he ... More... $0 (01-06-2008 - IN)
|
|
Lori Engle, et al. v. Foxcliff Estates South Homeowners Association, Inc.
|
|
Lori Engle, Kurt Vogel, and David Huelster, on their behalf and on behalf of other homeowners of Foxcliff Estates South ("the Homeowners") appeal the trial court's grant of judgment on the pleadings in their action for a mandatory injunction against Foxcliff Estates South Homeowners Association, Inc. ("the HOA"). They raise three issues, which we consolidate and restate as:
I. Whether t... More... $0 (12-17-2007 - IN)
|
|
John C. Roberts, M.D. v. Community Hospitals of Indiana, Inc.
|
|
Appellant-Plaintiff, Dr. John C. Roberts, M.D. (Roberts), appeals the trial court's award of judgment in favor of Appellee-Defendant, Community Hospitals of Indiana, Inc. (Community).
We reverse and remand for further proceedings.
ISSUES
Roberts presents two issues for our review:
(1) Whether the trial court erred when it consolidated the preliminary injunction hearing with trial on... More... $0 (12-17-2007 - IN)
|
|
Christopher Scott Barker v. City of West Lafayette and Offices Adam S. Ferguson
|
|
Christopher Barker appeals the trial court's determination of the amount of attorney fees to which he is entitled in connection with his lawsuit against the City of West Lafayette and Officer Adam Ferguson of the West Lafayette Police Department (collectively "the City"). We reverse and remand.
Issue
The sole restated issue is whether the trial court applied the correct legal stan... More... $0 (12-17-2007 - IN)
|
|
Mary Lou Smith, et al. v. Auto-Owners Insurance Company
|
|
Mary Lou Smith, Heather Nicole Smith, and Mary Lou Smith and John W. Smith as natural parents and guardians of Jonathan Travis Smith (collectively, "the Smiths") appeal the trial court's grant of summary judgment in favor of Auto-Owners Insurance Company ("Auto-Owners"). They raise the following restated issue: whether the Smiths' uninsured motorist claim was barred by the language of the ins... More... $0 (12-12-2007 - IN)
|
|
John K. Jackson v. Luellen Farms, Inc.
|
|
Following a bench trial, John Jackson appeals the trial court's judgment in favor of Luellen Farms, Inc. ("LFI"), in the amount of $180,048.12, representing the unpaid balance of a promissory note (the "Note"). Jackson raises four issues, which we consolidate and restate as: (1) whether the trial court erred in finding Jackson personally liable on the Note; (2) whether the Note fails for lack... More... $0 (12-12-2007 - IN)
|
|
Plaza Group Properties, LLC, et al. v. Spencer County Plan Commission, et al.
|
|
The parties' dispute requires us to determine the constitutionality of portions of Spencer County's sexually oriented business ordinances. While there is an abundance of caselaw addressing the constitutionality of similar ordinances, discerning the relevant precedent has been compared to "reading the tea leaves." Triplett Grille, Inc. v. City of Akron, 40 F.3d 129, 134 (6th Cir. 1994).
... More... $0 (12-17-2007 - IN)
|
