Monday, September 24, 2007
Ind. Decisions - Upcoming oral arguments this week
Upcoming oral arguments before the Supreme Court:
This Tuesday, Sept. 25th:
9:00 AM - Chi Yun Ho, M.D. v. Loretta Frye - Frye sued Dr. Ho and the Putnam County Hospital for medical malpractice as a result of a sponge that mistakenly was left inside Frye following surgery. After the hospital settled, Frye filed a motion for partial summary judgment against Dr. Ho on the issue of liability, which the trial court denied. Frye’s suit against Dr. Ho proceeded to jury trial, and the jury rendered a verdict in favor of Dr. Ho. The trial court subsequently granted Frye’s motion for a new trial and vacated the jury verdict. Dr. Ho appealed and Frye cross-appealed. The Court of Appeals held that Frye was entitled to partial summary judgment against Dr. Ho on the issue of liability. Ho v. Frye, 865 N.E.2d 632 (Ind. Ct. App. 2007), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
9:45 AM - Micahel Cubel v. Debra Cubel - In the parties’ marital dissolution proceeding, the Hendricks Superior Court ordered the father to maintain medical insurance on the couple’s daughter until she reaches age 23. The Court of Appeals affirmed in an unpublished memorandum decision, Cubel v. Cubel, No. 32A04-0605-CV-268, slip op. (Ind. Ct. App. Apr. 30, 2007). The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.
Upcoming oral arguments before the Court of Appeals that will be webcast:
This Monday, Sept. 24th:
2:00 PM - State Farm Mutual Automobile Insurance v Jelana Hobbs D'Angelo - State Farm Mutual Automobile Insurance Company (“State Farm”) appeals the trial court’s entry of summary judgment in favor of Jelana Hobbs D’Angelo and against State Farm, finding that D’Angelo is entitled to underinsured motorist coverage from State Farm for her negligent infliction of emotional distress claims arising out of the death of her son after he was struck by an automobile. State Farm contends that because “bodily injury,” as that term is defined by its automobile-insurance policy, does not include emotional damages, D’Angelo may not recover from State Farm under separate “Each Person” limits. State Farm further contends that its underinsured-motorist policy does not violate Indiana Code section 27-7-5-2.
Webcasts will be available here.
This week's oral arguments before the Court of Appeals that will NOT be webcast:
This Tuesday, Sept. 24th:
5:00 PM (at IU - School of Law, Indianapolis, Indiana) - Anthony Hayes vs. State of Indiana - Anthony Hayes appeals from a bench conviction in Marion Superior Court of a Class D felony possession of cocaine. Hayes was arrested after an Indianapolis police officer recovered a bag of crack cocaine from a trash bin that he observed Hayes reach into with a closed fist. Hayes argues that the evidence presented is insufficient to sustain his conviction because the trash bin where the cocaine was discovered was left unattended by a police officer and in the presence of other individuals while the police officer chased Hayes. The Scheduled Panel Members are: Judges Kirsch, Mathias and Bradford.
This Wednesday, Sept. 24th:
2:00 PM - State of Indiana vs. Kimco of Evansville - In 2000, the State appropriated property from Kimco and began a construction project reconfiguring the road on one side of Kimco's property. As a result of the construction and resulting reconfiguration, Kimco has suffered economic loss. At trial Kimco sought and received damages for that loss. The State now appeals the jury's verdict of $2,300.000 in favor of Kimco. In 2000, the State appropriated property from Kimco and began a construction project reconfiguring the road on one side of Kimco's property. As a result of the construction and resulting reconfiguration, Kimco has suffered economic loss. At trial Kimco sought and received damages for that loss. The State now appeals the jury's verdict of $2,300.000 in favor of Kimco. The scheduled panel members are: Judges Kirsch, Robb and Barnes.