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Monday, June 08, 2009
Ind. Decisions - Court of Appeals issues 1 today (and 7 NFP)
For publication opinions today (1):
In Wright Tree Service v. Juan Hernandez, an 11-page opinion, Judge Kirsch writes:
Wright Tree Service (“Wright”) appeals from an adverse determination of the Indiana Worker’s Compensation Board (“the Board”) affirming the Single Hearing Member’s Order awarding death benefits to the widow of Juan Hernandez (“Hernandez”) who was an employee of Wright at the time of his death. Wright raises the following issue for our review: whether the Worker’s Compensation Board erred by finding that Hernandez’s death was compensable under the Worker’s Compensation Act (“the Act”) as “a death by accident arising out of and in the course of his employment” with Wright. We affirm.
NFP civil opinions today (1):
Terry Reilly and Paula Mitchell, Joseph M. Reilly v. City of Indianapolis, Grady Brothers, Inc. and John Rutledge (NFP) - "Terry Reilly and Paula Mitchell (“Parents”), the parents and natural guardians of Joseph M. Reilly (“Mitch”), their minor son, appeal from the trial court’s order granting Grady Brothers, Inc.’s (“Grady”) motion for summary judgment in an action for damages sustained by Mitch, a sixteen-year-old pedestrian, who was struck by a vehicle in the middle of a paving project being completed by Grady pursuant to a contract with the City. Parents present the following issue for our review: whether the trial court erred by granting Grady’s motion for summary judgment where there are material issues of fact as to breach of duty and proximate causation. We reverse and remand. "
NFP criminal opinions today (6):
State of Indiana v. Jason M. Benson (NFP) - "In this discretionary interlocutory appeal, the State of Indiana appeals the trial court’s grant of Jason M. Benson’s motion to exclude his toxicology report, which revealed that his BAC was .20%, that the State turned over to him approximately 150 days after the discovery deadline.
"Because as a general matter the proper remedy for a discovery violation is a continuance and there has been no showing in this case that the State’s actions were deliberate or otherwise reprehensible and there is no prejudice to Benson because there has been no trial, we find that a continuance was the proper remedy here. We therefore conclude that the trial court abused its discretion in excluding Benson’s toxicology report."
Bennie R. Spicer v. State of Indiana (NFP)
Marshall Cobb, Sr. v. State of Indiana (NFP)
Theron L. Bailey v. State of Indiana (NFP)
Roy Roman v. State of Indiana (NFP)
Justin M. Robertson v. State of Indiana (NFP)
Posted by Marcia Oddi on June 8, 2009 01:00 PM
Posted to Ind. App.Ct. Decisions