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Monday, December 03, 2007

Ind. Decisions - Upcoming oral arguments this week include: Attractive nuisance case involving trampoline; statute of limitations for bringing UST claims

This week's oral arguments before the Supreme Court:

This Thursday, Dec. 6th:

9:00 AM - Beth Kopczynski v. David Barger - The Washington Superior Court entered summary judgment for the Bargers on the complaint of Beth Kopczynski and her daughter, Alisha Palmer, arising out of injuries that Palmer sustained while jumping on a trampoline located in the Bargers' yard. The Court of Appeals affirmed based on conclusions that Palmer was a trespasser on the Bargers' property and the trampoline was not an attractive nuisance. Kopczynski v. Barger, 870 N.E.2d 1 (Ind. Ct. App. June 27, 2007), vacated. [See ILB entry here, 2nd case] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney for Kopczynski and Palmer, Daniel L. Brown, Salem, IN. Attorney for the Bargers, Thomas E. Scifres, Salem, IN.

9:45 AM - Richard Pflanz v. Merrill Foster - According to a complaint filed by the current owners of certain real property, they incurred costs in closing, removing, and cleaning up environmental contamination caused by, leaky underground storage tanks that a former owner had used as part of a gas station. When the current owners sued the former owner for, among other things, contribution toward the costs, the Jackson Superior Court dismissed the complaint after concluding the claims were barred by applicable statutes of limitations. The Court of Appeals affirmed. Pflanz v. Foster, 871 N.E.2d 971 (Ind. Ct. App. June 19, 2007), vacated. [See ILB entry here, 2nd case] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorneys for the Pflanzes, Donn H. Wray, Justin W. Leverton, Indianapolis. Attorneys for Foster, Rodney E. Farrow, Indianapolis. For Amici Curiae, the Indiana Petroleum Marketers and Convenience Store Association, George M. Plews, Christopher J. Braun, Jeffrey D. Featherstun, John D. Moriarty, Indianapolis. For Amici Curiae, the Insurance Institute of Indiana, Inc., and National Association of Mutual Insurance Companies, John C. Trimble, Richard K. Shoultz, Indianapolis. For Amici Curiae, the Indiana Association of Cities and Towns and Indiana Municipal Lawyers’ Association, Donald M. Snemis, Brent H. Huber, Freedom S.N. Smith, Indianapolis.

10:30 AM - Robert Bassett v. State - Following a retrial, Bassett was again convicted of four counts of murder and, upon the unanimous decision of the jury, he was sentenced to life without parole by the Dearborn Circuit Court. In this direct appeal, Bassett argues: the State’s interference with the attorney/client relationship warrants reversal of the convictions, the trial court erred in admitting certain evidence and excluding other evidence, and the sentence should be reversed. Attorney for Bassett, Joseph M. Cleary, Indianapolis, IN Attorney for the State, Kelly A. Miklos, Indianapolis, IN.

Webcasts will be available here.


This week's oral arguments before the Court of Appeals that will be webcast:

None scheduled.

This week's oral arguments before the Court of Appeals that will NOT be webcast:

This Thursday, Dec. 6th:

12:30 PM - Willie G. Eaton v. State of Indiana - Willie Eaton appeals his convictions for Dealing in Cocaine, as a Class A felony, and Possession of Marijuana, as a Class A misdemeanor, following a jury trial. The Court is asked to decide whether the State provided the facts necessary to enable the trial court to find probable cause to issue a search warrant for Mr. Eaton’s residence. Arguing for the appellant, Mr. Eaton, will be David Jordan of Lafuze, Jordan & Cox in Richmond; Deputy Attorney General Scott Barnhart will argue for the State of Indiana. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Mathias. [Where: Rediger Auditorium, Taylor University, Upland, Indiana]

Posted by Marcia Oddi on December 3, 2007 07:31 AM
Posted to Upcoming Oral Arguments