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Friday, August 01, 2008

Ind. Decisions - Court grants transfer in 3 cases

The formal transfer list should follow later today, but the ILB has received advance notice about three cases granted transfer, two yesterday, July 31st, and one today, August 1st.:

Estate of Prickett v. Womersley - See 4/10/08 NFP COA re an interlocutory appeal here (6th NFP decision), concerns Womersley’s claim for compensation and reimbursement “for the time that [she] spent attending to [her mother’s] needs."

McSwane v. Bloomington Hosp - A 2-1 COA opinion issued March 12th (see ILB entry here, 4th case), where "Bloomington Hospital treated Malia Vandeneede for injuries she said she sustained when she fell off a horse onto some debris. After treatment, she was discharged into her former husband’s custody. He killed her on their way home, then killed himself." Held: "The Hospital therefore should not have been granted summary judgment on the ground it owed Malia no duty."

Kerry Meredith v. State
- See Dec. 28, 2007 COA opinion here and petition for rehearing here - concerns, as summarized in this ILB entry, admissibility of cocaine "obtained pursuant to a legitimate traffic stop for an improperly displayed temporary vehicle tag. We grant the State’s petition for the sole purpose of clarifying that, while the initial traffic stop was legitimate, the investigating officer’s probable cause or reasonable suspicion to detain Meredith had expired well before the discovery of cocaine in Meredith’s vehicle."

Posted by Marcia Oddi on August 1, 2008 01:39 PM
Posted to Indiana Transfer Lists