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| Fuller v. State, No. 49A04-0511-CR-648,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, August 9, 2006, Decided , August 9, 2006, Filed
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Overview: Defendant's 55-year sentence for murder, intimidation, and carrying an unlicensed handgun fell within the range for murder and thus was proper under Ind. Code § 35-38-1-7.1; the trial court was not required to impose a minimum sentence because of his youth. Moreover, his character and the offenses' nature did not suggest a minimum sentence.
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| McCord v. McCord, No. 15A01-0506-CV-239,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, August 9, 2006, Decided , August 9, 2006, Filed
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Overview: A new property division under Ind. Code § 31-15-7-4 was required because it was clear from the parties' antenuptial agreement that the husband's 401(k), including any growth due to contributions, was to remain separate property. It was not error, however, to equally divide sales proceeds from the marital house, as both parties had contributed.
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| Quality Foods, Inc. v. Holloway Assocs. Prof'l Eng'rs & Land Surveyors, Inc., No. 55A05-0511-CV-669,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, August 9, 2006, Decided , August 9, 2006, Filed
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Overview: Evidence supported the finding that a realtor who dealt with engineers was acting as developers' agent. While the developers did not directly inform the engineers that the realtor was their agent, they placed her in a position to perform acts and make representations to instill a reasonable belief in the engineers that she was their agent.
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| Becker v. Fisher, No. 82A05-0512-CV-726,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, August 10, 2006, Decided , August 10, 2006, Filed
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Overview: In the intentional tort case, the Ind. Code § 34-51-2-7 instruction tended by defendant, instructing the jury to assign percentages of liability, should not have been given. A plaintiff in an intentional tort case could not be assigned a percentage of liability since comparative fault applied insofar as a plaintiff failed to mitigate damages.
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| Briggs v. Griffin Wheel Corp., No. 49A02-0508-CV-724,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, August 10, 2006, Decided , August 10, 2006, Filed
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Overview: Summary judgment in favor of asbestos product distributors based on statute of repose in Ind. Code § 34-20-3-1 was affirmed. Even if distributors could be considered "manufacturers" under Ind. Code § 34-20-2-4, it would have no effect on application of the statute of limitations or statute of repose found in Ind. Code § 34-20-3.
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