Case Summary

Plaintiff Martinez sued Defendant Linderwell for killing her dog, Douglas, and wounding her other dog, Tilly. Linderwell claimed the dogs were on his property one night and attacked his dog. He shot the dogs when they returned in a menacing fashion the next morning. Linderwell buried Douglas and Tilly returned home injured. Martinez asked the trial court for replacement costs for Douglas, the cost of the vet bills for Tilly, and the return of Douglas’ dog tags. Linderwell argued his actions were justified under Indiana’s Castle Doctrine, there was comparative fault due to Martinez’ failure to contain her dogs, there were no damages because Douglas had no monetary value, and he did not have possession of the dog tags. The trial court denied Martinez’ claim.  

 

On appeal, Martinez argues the trial court erred in its findings and Linderwell’s actions constitute conversion, criminal mischief, and/or trespass to chattels. Linderwell claims these arguments are waived because Martinez did not raise them in the trial court and he did not have the requisite mens rea for conversion or criminal mischief. He also asks for appellate attorney fees.

Martinez v. Linderwell
When:TUE, FEB 17, 2026 at 10:30 AM
Court:Indiana Court of AppealsPanel:J. Kenworthy
J. Felix
J. DeBoer
Case No:25A-SC-953County:WellsLocation:Ivy Tech Lafayette