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| Doerr v. Lancer Transp. Servs., No. 93A02-0606-EX-515,
COURT OF APPEALS OF INDIANA, June 28, 2007, Decided, June 28, 2007, Filed
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Overview: Because employee settled a personal injury claim with a third-party motorist without the knowledge of consent of employer or its insurer, the employer and the insurer were not liable for the employee's work-related injuries under Ind. Code § 22-3-2-13. Thus, the employee's application for adjustment of worker's compensation benefits was dismissed.
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| Hull v. State, No. 48A05-0610-CR-619,
COURT OF APPEALS OF INDIANA, June 28, 2007, Decided, June 28, 2007, Filed
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Overview: When defendant's suspended sentence for possession of marijuana was ordered to be executed, defendant had a right of allocution, but the trial court was not required to ask if defendant wanted to speak as provided by Ind. Code § 35-38-1-5. Defendant waived the right of allocution by not asking to speak at the hearing.
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| O'Brien v. 1st Source Bank, No. 71A05-0611-CV-677,
COURT OF APPEALS OF INDIANA, June 28, 2007, Decided, June 28, 2007, Filed
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Overview: A trial court properly granted a bank summary judgment on its breach of contract claim against an individual where a lease had continued in effect throughout the borrower's bankruptcy, it was not extinguished by a free and clear sale as it was not an encumbrance to the bank, and the sale order had validly assigned the lease.
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| Pinnacle Media, L.L.C. v. Metro. Dev. Comm'n, No. 49A04-0608-CV-424,
COURT OF APPEALS OF INDIANA, June 28, 2007, Decided, June 28, 2007, Filed
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Overview: A billboard lessor was properly denied leave to amend its petition because its claim that it had a vested right to erect billboards for which it had state permission prior to amended zoning ordinances that required local permits could have been raised in the initial action. Thus, res judicata barred the lessor's allegedly new claims.
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| Ford Motor Co. v. Rushford, No. 20S03-0610-CV-350,
SUPREME COURT OF INDIANA, June 29, 2007, Decided, June 29, 2007, Filed
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Overview: Trial court erred in denying summary judgment to auto dealer; after passing on a manufacturer's adequate air bag danger warnings, auto dealer had no duty to give additional warnings that the buyer should read the warning in the owner's manual based on its knowledge that the buyer was 70 years old, short, heavy set, and had never driven a car.
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| Hensley v. Hensley, No. 15A01-0610-CV-476,
COURT OF APPEALS OF INDIANA, June 29, 2007, Decided, June 29, 2007, Filed
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Overview: In modifying a child support order to provide for the college expenses of the parties' two children under Ind. Code § 31-16-6-2, the trial court had failed to properly consider the parents' abilities to meet the expenses. It had effectively penalized the father for working overtime while rewarding the mother for remaining voluntarily unemployed.
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| Perdue Farms, Inc. v. Boone Twp. Assessor, Cause No. 49T10-0607-TA-65,
INDIANA TAX COURT, June 29, 2007, Decided, June 29, 2007, Filed
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Overview: Indiana Board of Tax Review's denial of an interstate commerce inventory exemption under Ind. Code Ann. § 6-1.1-10-29(b)(2) was unsupported by substantial evidence because a taxpayer's evidence clearly established that turkeys at its growing facilities were inventory held for future processing and that it shipped turkey meat out-of-state.
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| Sisters of St. Francis Health Servs. v. Lake County Prop. Tax Assessment Bd., Cause No. 49T10-0402-TA-6,
INDIANA TAX COURT, June 29, 2007, Decided, June 29, 2007, Filed
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Overview: A taxpayer, a nonprofit corporation that operated various facilities to care for the sick and infirm, was properly denied a property tax exemption under Ind. Code Ann. § 6-1.1-10-16 for a roller skating rink since the taxpayer failed to show that the rink was used predominantly for charitable purposes or that it relieved human want and suffering.
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