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| Broadhacker v. City of Indianapolis, No. 49A02-0511-CV-1084,
COURT OF APPEALS OF INDIANA, April 17, 2007, Decided , April 17, 2007, Filed
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Overview: There was an issue of fact as to whether a club was private and thus not subject to a nuisance ordinance. The club had no indicative signage and did not advertise locally; it did not direct or invite the public inside; and there was no evidence that persons were able to enter the club without being members or that it accepted every applicant.
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| Gilpin v. Ivy Tech State College, No. 49A05-0608-CV-412,
COURT OF APPEALS OF INDIANA, April 17, 2007, Decided , April 17, 2007, Filed
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Overview: Because an injured person was a licensee while heading toward a restroom at a college campus, and he was aware of gravel on a sidewalk before he slipped and fell as he walked on the gravel over the length of the sidewalk and was standing on it for 10 to 15 seconds, there was no latent danger, and the college was not liable for his injury.
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| Heagy v. Kean, No. 48A02-0603-JV-234,
COURT OF APPEALS OF INDIANA, April 17, 2007, Decided , April 17, 2007, Filed
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Overview: It was proper to deny a father's motion to modify custody under Ind. Code § 31-14-13-6 based on exposure to secondhand smoke. The mother testified that her house was now smoke-free; the child's physician characterized the child as being healthy; the parties described her as healthy; and the father's experts had not seen her recent medical history.
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| McElroy v. State, No. 71A05-0610-PC-606,
COURT OF APPEALS OF INDIANA, April 17, 2007, Decided , April 17, 2007, Filed
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Overview: Plea counsel was not ineffective for failing to make double jeopardy objection when inmate was sentenced on two Class C felonies under Ind. Code §§ 9-30-5-5, 9-26-1-1; the inmate was not punished twice for death of accident victim, he was punished for causing the victim's death and also for failing to stop after the accident.
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| West Am. Ins. Co. v. Cates, CAUSE NO. 42A01-0601-CV-26,
COURT OF APPEALS OF INDIANA, April 17, 2007, Decided , April 17, 2007, Filed
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| Wilhelm v. Madison Vill., MHC, LLC, No. 39A01-0607-CV-303,
COURT OF APPEALS OF INDIANA, April 17, 2007, Decided , April 17, 2007, Filed
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Overview: Trial court had jurisdiction over mobile home operator's eviction action, as well as its action for a money judgment, pursuant to Ind. Code § 33-29-2-4, and, thus, eviction action and money judgments entered against the one mobile home resident were proper; also, she did not show an Ind. R. Trial P. 60(B) ground for setting the judgments aside.
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