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Monday, April 02, 2007
Ind. Decisions - Court of Appeals issues 2 today (and 0 NFP)
For publication opinions today (2):
Delbert Hill v. Sarah Hill - "Delbert Hill (“Husband”) appeals the trial court’s property division in his dissolution proceedings with Sarah Hill (“Wife”). Husband argues that the trial court abused its discretion in failing to award him a greater share of the marital property. Finding that the trial court acted within its discretion in dividing the marital property, we affirm."
Schoop's Restaurant, et al. v. Marcia Hardy, et al. - "In this interlocutory appeal, Defendants Schoop’s Restaurant, Fairris-Markovich, LLC, and Fairris-Markovich, LLC d/b/a Schoop’s Restaurant (collectively, “Schoop’s Restaurant”) appeal the trial court’s denial of their motion for summary judgment against Plaintiffs Marcia A. Hardy, Kenneth J. Hardy, Madison Hardy and Katelynn Hardy by and through their natural parents and next friends Kenneth Hardy, Jr. and Christine Hardy, Kenneth Hardy, Jr., and Christine Hardy (collectively, “the Hardys”) on their complaint for negligence arising out of an incident where the driver of a vehicle suffered a heart attack and crashed into the restaurant, injuring them. Because the only inference that can be drawn from the undisputed material facts in this case is that Schoop’s Restaurant could not have foreseen this incident, Schoop’s Restaurant did not breach its duty to exercise reasonable care to prevent harm caused by the foreseeable acts of third parties. We therefore reverse the trial court and order it to enter summary judgment in favor of Schoop’s Restaurant."
NFP civil opinions today (0):
NFP criminal opinions today (0):
Posted by Marcia Oddi on April 2, 2007 01:16 PM
Posted to Ind. App.Ct. Decisions