Friday, September 21, 2007
Ind. Decisions - Transfer list for week ending September 21, 2007
Here is the Indiana Supreme Court's transfer list for the week ending September 21, 2007.
There were no transfers granted this week.
One interesting transfer denied today is the case of Indiana Patient's Compensation Fund v. Lori and Darrin Winkle, a 16-page COA opinion, (see March 16, 2007 ILB entry here) where Judge Robb wrote:
Concluding that Lori and Darrin are not entitled to separate excess damage awards arising from the death of their unborn child, we affirm the trial court’s award of one statutory excess damage award to Lori, and reverse the remainder of the trial court’s order. * * *And in a surprise, after holding oral arguments, the Court has decided in the case of Rebecca Shaw, et al. v. LDC Enterprises, Inc. d/b/a I & I Steakhouse, et al.: "Order that granted transfer is vacated/Transfer is now denied." This was a choice of law case involving, inter alia, the availability of relief under the Illinois and Indiana dram shop acts. See a list of ILB entries on the case here, including the March 30, 2007 COA decision here.
Lori is entitled to a statutory cap for her injuries. Because the Winkles’ unborn child is not a “patient” pursuant to the Act and because Lori and Darrin therefore have no one from whom their negligent infliction of emotional distress claims can derive, they are not entitled to separate statutory caps for their emotional damages. The trial court’s order is therefore affirmed as to a single cap to Lori, and reversed as to the remainder.
Nearing four years of Transfer Lists: For other weekly transfer lists (going back to Feb. 2, 2004), check "Indiana Transfer Lists" under "Categories" below, or in the right column.
Posted by Marcia Oddi on September 21, 2007 11:06 AM
Posted to Indiana Transfer Lists