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Monday, August 25, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, Aug. 28th:

9:00 AM - State v. Kimco of Evansville, Inc. - As part of a road reconfiguration project, the State took a portion of property owned by Kimco and used as a retail shopping center, which impacted ingress and egress from the property. Following a jury trial, judgment was entered awarding damages, costs and interest to Kimco. The Court of Appeals affirmed, holding that Kimco was entitled to damages for its loss of access to an adjacent thoroughfare. State v. Kimco of Evansville, Inc., 881 N.E.2d 987 (Ind. Ct. App. 10/31/2007), vacated. (See ILB entry here - 4th case.) The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. For Appellant State of Indiana: David L. Steiner, Indianapolis, IN. Kimco of Evansville: Grard Carmody, Kelley F. Farrell, St. Louis, MO. R. Thomas Bodkin, Evansville, IN.

9:45 AM - John W. Miller v. State - The LaPorte Circuit Court ordered that Miller be placed in restraints during his trial and the Court of Appeals affirmed in an unpublished memorandum decision, Miller v. State, No. 46A04-0612-CR-696 (Ind. Ct. App. Apr. 15, 2008). Miller has petitioned the Supreme Court to accept jurisdiction over the appeal. For Appellant: John Pinnow, Greenwood, IN. For Appellee: Joby D. Jerrels, 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 Monday, Aug. 25th:

2:00 PM - Commercial Warehouse & Cartage, Inc., et al, vs. Thomas & Jerri Shipp - Thomas Shipp was injured in his employer's warehouse when a forklift driven by Randall Hobbs, working for an independent contractor, ran over his foot. Thomas and his wife, Jerri, sued Hobbs and Hobbs's employer, Commercial Warehouse and Cartage, Inc. ("CWC"). A jury returned a verdict awarding Thomas $12 million in personal injury damages and Jerri $5 million in damages for loss of consortium. CWC and Hobbs jointly were found to be 30% at fault for the accident, meaning they were liable for $5.1 million of the total verdict of $17 million, with Thomas himself 30% at fault and Thomas's employer 40% at fault. On appeal, CWC and Hobbs first argue the trial court erred in instructing the jury that if it found Hobbs had violated certain OSHA regulations in his operation of the forklift, that "would constitute fault" to be assessed against CWC and Hobbs. The second issue is whether the trial court erred in refusing to instruct the jury that Hobbs had no duty to warn Thomas of dangers of which Thomas was aware. Finally, CWC and Hobbs contend that the $5 million awarded to Jerri for loss of consortium is clearly excessive. The Scheduled Panel Members are: Judges Barnes, Crone and Bradford. [Where: Indiana Court of Appeals Courtroom]

Posted by Marcia Oddi on August 25, 2008 07:42 AM
Posted to Upcoming Oral Arguments