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Monday, October 27, 2008

Ind. Decisions - Upcoming oral arguments this week; including "early voting" case

This week's oral arguments before the Supreme Court:

This Wednesday, Oct. 29th:

9:00 AM - Estate of Margaret H. Prickett v. Marilyn P. Womersley - A decedent's daughter filed a claim for services rendered while the decedent was under a guardianship. The St. Joseph Probate Court denied the estate's motion for summary judgment. The Court of Appeals affirmed, holding the daughter could pursue her claim in probate proceeding and there was a factual dispute about whether she rendered her services gratuitously. See Estate of Prickett v. Womersley, 885 N.E.2d 619 (Ind. Ct. App., 4/10/2008), vacated. (See ILB entry here - 6th NFP decision) The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorneys for Prickett: Jeffrey P. Smith and David K. Hawk, Ft. Wayne, IN. Attorneys for Womersley: William L. Wilson and Beernard E. Edwards, Jr., South Bend, IN.

9:45 AM - Ava McSwane v. Bloomington Hospital - The mother of a patient sued the hospital and treating physician for negligence after the patient was killed by her ex-spouse soon after the patient's discharge from the hospital, but the Monroe Circuit Court granted defendants summary judgment on grounds they owed the patient no relevant duty of protection. The Court of Appeals affirmed the summary judgment for the physician but reversed the summary judgment for the hospital, concluding the trial court erred in deciding as a matter of law that the hospital owed no duty to protect the patient from her ex-husband, a suspected abuser. McSwane v. Bloomington Hosp., 882 N.E.2d 244 (Ind. Ct. App., 3/12/2008), vacated. (See ILB entry here - 4th case) The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal. Attorneys for McSwane: David W. Stone, IV, Anderson, IN. Stepehn A. Oliver, Martinsville, IN. Attorneys for Bloomington Hospital & Healthcare System: James L. Whitlatch and Holly M. Harvey, Bloomington, IN. Attorneys for Jean M. Eelma, M.D.: Edward J. Liptak and Jeremy M. Dilts, Bloomington, IN. Attorneys for Amicus Curiae, Indiana Hospital Association: Angela M. Smith and Kimberly A. Emil, Indianapolis, IN.

10:30 AM - Christine Scheible v. Fred Jackson - Scheible sued alleging Jackson was negligent and liable for the death of her son based on the dangerous condition of a tree on land that Jackson had sold to a third party under a land-sale contract. The Bartholomew Superior Court granted Jackson summary judgment. The Court of Appeals reversed. Scheible v. Jackson, 881 N.E.2d 1052 (Ind. Ct. App., 3/7/2008), vacated. (See ILB entry here.) The Supreme Court has granted a petition to transfer the case, and has assumed jurisdiction over the appeal. Attorneys for Scheible: David W. Craig and Scott A. Faultless, Indianapolis. Attorneys for Jackson: R. Jeffrey Lowe and J. Todd Spurgeion, New Albany, IN. Eric D. Johnson, Indianapolis, IN.

Webcasts will be available here.


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

This Thursday, Oct. 30th:

1:30 PM - John B. Curley v. Lake Co. Bd. of Elections - This is the Lake County early voting case. (Here is a list of all the ILB entries, dating back to Oct. 5th, on the Lake County early voting issue.) [Where: Supreme Court Courtroom] Note: It has not yet been confirmed that these arguments will be webcast.

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

This Tuesday, Oct. 28th:

2:00 PM - Melissa Christian vs. State of Indiana - Christian appeals her conviction for Class B misdemeanor public intoxication. Christian was found intoxicated in a parking area adjacent to a private residence. Christian argues that the evidence is insufficient to support her conviction because the State failed to prove that she was in a "public place." The Scheduled Panel Members are: Chief Judge Baker, Judges Mathias and Brown. [Where: Pruis Hall, Ball State University, Muncie, Indiana ]

This Wednesday, Oct. 29th:

1:30 PM - Richard D. Duncan vs. M & M Auto Service, Inc. - Richard Duncan filed a negligence suit against M&M Auto Service, Inc., alleging he was injured due to M&M's negligent installation and maintenance of a compressed natural gas system in his employer's van. The trial court granted summary judgment for M&M, and Duncan appeals. The Scheduled Panel Members are: Chief Judge Baker, Judges May and Brown. [Where: Cornwell Reed Building, Oakland City University, 138 N. Lucretia Street, Oakland City, Indiana]

Posted by Marcia Oddi on October 27, 2008 07:26 AM
Posted to Upcoming Oral Arguments