Significant State Appellate Cases
- Swingley v. City of Muncie, 168 N.E.3d 1067 (Table) (Ind. Ct. App. 2021). City entitled to summary judgment on negligence claim due to plaintiff failing to rebut city’s evidence that it lacked actual or constructive notice of allegedly defective condition of street.
- Dixon v. City of Greenwood, 150 N.E.3d 1079 (Table) (Ind. Ct. App. 2020), trans. denied. City has law enforcement immunity pursuant to the Indiana Tort Claims Act, Ind. Code § 34-13-3-3(8) for failing to guard arrestee at hospital who left hospital and held plaintiffs at gunpoint in their home.
- City of Columbus v. Londeree, 145 N.E.3d 827 (Ind. Ct. App. 2020) (city not estopped from raising lack of tort claim notice defense based on representations by third party’s insurer) (husband’s loss of consortium claim could not proceed when wife’s personal injury was barred due to lack of tort claim notice).
Brown v. City of Indianapolis & Town of Speedway, 113 N.E.3d 244, 252 (Ind. Ct. App. 2018). Town had no duty to repair pothole of which it had no notice, and pedestrian who walked in street and tripped on pothole when sidewalk was available was contributorily negligent barring his claim.
Lee by & through Estes v. Bartholomew Consol. Sch. Corp., 75 N.E.3d 518 (Ind. Ct. App. 2017). City has discretionary function immunity for failure to include additional warnings at crosswalk.
Town of Knightstown v. Wainscott, 70 N.E.3d 450 (Ind. Ct. App. 2017). Owner of historic building substantially complied with notice provisions of Indiana Tort Claims Act, but there was no evidence of a contract between owner and town.
- City of Lawrence Utility Services Board v. Curry, 68 N.E.3d 581 (Ind. 2017). Municipal utility superintendent statute which contained a for-cause termination provision applicable to utility board did not allow mayor to unilaterally terminate superintendent.
- Thatcher v. City of Marion, 2016 WL 6825197 (Ind. Ct. App., Nov. 18, 2016) (unpublished). Summary judgment affirmed on the ground that the city did not have actual or constructive notice of a pothole.
- Estate of Jones v. Hancock County Bd. of Comm’rs, 55 N.E.3d 311 (Ind. Ct. App. 2016). County immune pursuant to Indiana Code § 34-13-3-3(8) for loss resulting from adoption of ordinance designated road as a through road not requiring drivers to stop where it intersected another road.
- Town of West Terre Haute v. Roach, 52 N.E.3d 4 (Ind. Ct. App. 2016). Denial of summary judgment reversed. At-will employee was not entitled to “name clearing” pre-termination hearing pursuant to Article I, Section 12 (due course of law) provision of Indiana Constitution. Town council president’s failure to speak at news conference in which employee was exonerated after investigation of missing funds was not defamatory.
- City of Beech Grove v. Beloat, 50 N.E.3d 135 (Ind 2016). Standard of proof for discretionary immunity.
- Delacruz v. Wittig, 42 N.E.3d 557 (Ind. Ct. App. 2016), trans. denied. Denial of summary judgment reversed. Counterclaim for excessive force against sheriff’s deputies who investigated disturbance at party sought affirmative relief rather than recoupment or setoff and was therefore barred by two-year statute of limitation.
- Fayette County Board of Commissioners v. Price, 9 N.E.3d 640 (Ind. 2014). On transfer, Supreme Court reversed lower courts and held that decision not to reappoint county highway superintendent is not subject to judicial review pursuant to Ind. Code § 36-2-27.
- Mertz v. City of Greenwood, 985 N.E.2d 1116 (Ind. App. 2013). Court held that police merit commission had authority to discipline former assistant chief for conduct that occurred while he was the assistant chief.
- Haskin v. City of Madison, 999 N.E.2d 1047 (Ind. App. 2013). Summary judgment affirmed on design of highway over 20 years old, not required to meet current standards.
- Board of Commissioners of Delaware County v. Evans, 979 N.E.2d 1042 (Ind. App. 2012). Court reversed denial of county’s motion to dismiss sand held that county human resources director’s employment contract was void as against public policy for delegating commissioners’ discretionary powers.
- North Gibson School Corp. v. Truelock, 971 N.E.2d 707 (Ind. App. 2012), transfer denied, 978 N.E.2d 27 (Ind. 2012). Successful interlocutory appeal defending school against antitrust claim.
- Salsbery Pork Producers, Inc. v. Booth, 967 N.E.2d 1 (Ind. App. 2012) (articulated standards on preferred venue).
- Bules v. Marshall County, 920 N.E.2d 247 (Ind. 2010)(county was immune from liability under the Tort Claims Act due to temporary weather conditions).
- Trent v. Richard, 910 N.E.2d 1289 (Ind. App. 2009), transfer denied, 919 N.E.2d 558 (Ind. 2009). Secured affirmance of entry of summary judgment in favor of officer who caused fatality while driving at high speed in response to emergency situation.
- Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009)(amounts paid for medical services after write-offs were admissible at trial).
- Randolph County v. Chamness, 879 N.E.2d 555 (Ind. 2008). Venue decision after oral argument before the Indiana Supreme Court concerning whether venue lies in one or both counties after accident at county line road.
- Thompson v. Vigo County Board of Commissioners, 876 N.E.2d 1150 (Ind. App. 2007), transfer denied, 891 N.E.2d 46 (Ind. 2008). Successfully defended county against claim that disposition of property violated public bidding requirements.
- City of Muncie ex rei. Muncie Fire Dept. v. Weidner, 831 N.E.2d 206 (Ind. App. 2005), transfer denied, 855 N.E.2d 994 (Ind. 2006). Successfully defended wrongful death case against assumption of duty theory.
- Brownsburg Community School Corp. v. Natare, Inc., 824 N.E.2d 336 (Ind. 2005). Defended school corporation, resulting in Indiana Supreme Court decision that governmental entities are not subject to suit for violations of Indiana’s antitrust laws.
- Lake Holiday Conservancy District v. Davison, 808 N.E.2d 119 (Ind. App. 2004). Venue decision from Court of Appeals which permitted venue in county of plaintiff’s residence where defendant and place of accident were in a different county.
- Woolley v. Washington Township Small Claims Court, 804 N.E.2d 761 (Ind. App. 2004). Prevailed on question of whether an affidavit signed by a judge for use in another case is a public record under Indiana law.
- Robins v. Harris, 769 N.E.2d 586 (Ind. 2002). Supreme Court decision addressing sheriff liability for sexual misconduct of jail officer.
- Board of Commissioners of Harrison County v. Lowe, 753 N.E.2d 708 (Ind. App. 2001), transfer denied, 774 N.E.2d 504 (Ind. 2002). Secured summary judgment on interlocutory appeal in favor of county predicated upon statutory immunity for failure to install regulatory signs on roadway.
- Richardson v. Montgomery Co., 726 N.E.2d 888 (Ind. App. 2000), transfer denied, 741 N.E.2d 1251 (Ind. 2000). Decision from Court of Appeals concerning foreseeability issues arising out of fatality at intersection of roadways.
- Meury v. Eagle-Union Community School Corp., 714 N.E.2d 233 (Ind. App. 1999), transfer denied, 735 N.E.2d 224 (Ind. 2000). Seminal decision holding no civil rights claim under Family Educational Rights and Privacy Act.
- Pjifer v. Town of Edinburgh, 684 N.E.2d 578 (Ind. App. 1997), transfer denied, 698 N.E.2d 1187 (Ind. 1998). Decision from Court of Appeals establishing that town board could reduce the number of members of the town police department without affording hearing under Police Tenure Act.
- Cristiani v. Clark County, 675 N.E.2d 715 (Ind. App. 1996), transfer denied, 690 N.E.2d 1179 (Ind. 1997). Successful defense of claim under competitive public bidding statute.
- Shanklin v. Shireman, 659 N.E.2d 640 (Ind. App. 1995). Venue decision pertaining to appropriate venue of tort claim against governmental entity.
- Hilburt v. Town of Markleville, 649 N.E.2d 1036 (Ind. App. 1995), transfer denied. Established that expiration of term of years contract does not violate Town Marshal Tenure Act.
- Foster v. Board of Commissioners of Warrick County, 647 N.E.2d 1147 (Ind. App. 1995), transfer denied. Established that use of building moratorium in response to unexpected flooding in subdivision is proper, and does not constitute inverse condemnation of developer’s rights.
- Culver-Union Township Ambulance v. Steindler, 629 N.E.2d 1231 (Ind. 1994). Successfully defended federal civil rights claim for wrongful death of drowning alleging deficiencies in emergency service.
- Peters v. Judd Drugs, 602 N.E.2d 163 (Ind. App. 1992). Holding pharmacy had no duty to warn patient of damages of potassium hydroxide.
- Hardiman v. Governmental Interinsurance Exchange, 588 N.E.2d 1331 (Ind. App. 1992), transfer denied. Decision from Court of Appeals affirming workers compensation setoff in underinsured motorist claim.