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Monday, March 30, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/30/09):
- None currently scheduled
Next week's oral arguments before the Supreme Court (week of 4/6/09):
Next Thursday, April 9th
- 9:00 AM - Matter of Estate of Lawrence W. Inlow - The Hamilton Superior Court approved the request by a decedent's estate for reimbursement of funeral and burial expenses from wrongful death settlement proceeds. The Court of Appeals affirmed, holding that Indiana's wrongful death statute does not require itemization of settlement proceeds fur such reimbursement. Matter of Estate of Inlow, 893 N.E.2d 734 (Ind. Ct. App. Sept. 18, 2008), vacated. [See ILB COA summary here.] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 9:45 AM - Jim Kovach v. Alpharma, Inc. - Following their son’s death from a medical overdose, Plaintiffs sued the alleged makers and distributors of the cup used to administer the medicine and sought recovery on product liability and warranty theories. The Marion Superior granted those defendants summary judgment. The Court of Appeals reversed the summary judgment and remanded. Kovach v. Alpharma, Inc., 890 N.E.2d 55 (Ind. Ct. App. July 16, 2008), vacated. [See ILB summary of the 2-1 COA opinion here - 5th case.] The Supreme Court has granted petitions to transfer the case and has assumed jurisdiction over the appeal.
This week's oral arguments before the Court of Appeals (week of 3/30/09):
Tuesday, Tuesday, March 31st:
- 2:00 PM - Jim and Carol Daily v. City of Columbus, Board of Zoning Appeals - Jim and Carol Daily ("the Dailys") appeal from the trial court's order affirming the City of Columbus Board of Zoning Appeals' ("the BZA") denial of the Dailys' temporary use application for a farmers market on their 2.1-acre lot in Columbus, Indiana in their action for a petition for writ of certiorari and complaint for declaratory judgment. The Dailys appeal, arguing that the trial court erred: (1) by concluding that the creation of the Dailys' lot in 1973 violates the current City of Columbus Zoning Ordinance; and (2) in concluding that the Dailys' lot lacks the attribute of "access and frontage" under the current City of Columbus Zoning Ordinance. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Kirsch. [Where: Court of Appeals Courtroom - Webcast]
- 5:00 PM - Rosalynn West v. Betty Wadlington, et al - Plaintiff Rosalynn West sued her fellow churchgoers, Betty Wadlington and Jeanette Larkins, and Larkins' employer, the City of Indianapolis, claiming defamation and invasion of privacy. West's complaint stems from a letter about West that Wadlington wrote and addressed to their church board of trustees and board of deacons. Wadlington included this letter in an email she sent to Larkins at her work email address. Larkins, using her work email, then forwarded the email on to over eighty other email addresses. Some of the allegedly defamatory language used in the letter had religious connotations. The Defendants filed a motion to dismiss West's complaint for lack of subject matter jurisdiction, arguing that the Free Exercise clause of the First Amendment prevented the court from determining whether the statements in the email were defamatory or false. The trial court granted the motion to dismiss, and West appeals. The main issue on appeal is whether the Free Exercise clause of the First Amendment prevented the trial court from hearing West's claims. The Scheduled Panel Members are: Judges Bailey, Mathias and Barnes [Where: Wynne Courtroom, Indiana University School of Law - Indianapolis]
Wednesday, April 1st:
- 2:00 PM - Jay B. Stokes v. State of Indiana - [As noted last week, further information is not available from COA site - link leads to this]
Next Tuesday, April 7th:
- 1:30 PM - Nunn Law Office v. Peter H. Rosenthal - Appellant Nunn Law Office ("Nunn") appeals the trial court's award of $1462.88 in attorney's fees in its petition for division of attorney's fees arising out of Nunn's and Appellee attorney Peter Rosenthal's successive representation of Joseph Carpenter in Carpenter's personal injury action against Terry Rosengarten. Upon appeal, Nunn claims that the trial court erred in failing to issue written findings of fact and conclusions thereon pursuant to Trial Rule 52 and in basing its award upon quantum meruit rather than upon Nunn's contingency fee agreement with Carpenter. The Scheduled Panel Members are: Judges Najam, Barnes and Bradford. [Where: Supreme Court Courtroom - Webcast]
- 4:00 PM - Sheehan Construction Company, et al v. Continental Casualty Company, et al - This is a dispute over the scope of coverage of comprehensive general liability insurance policies Continental Casualty issued to Sheehan Construction, a general contractor, and Indiana Insurance issued to Somerville Construction, a subcontractor. A class of plaintiffs alleged their homes sustained water damage because of faulty workmanship. The insurers obtained summary judgment on the ground damage naturally resulting from defective workmanship is not an "accident" for which the policies provide coverage. The Class asserts the insurance industry broadened the scope of its standard policies in 1986 to cover such damage. The Scheduled Panel Members are: Judges Riley, May and Brown [Where: University of Southern Indiana, Carter Hall D at University Center, 8600 University Blvd., Evansville]
Next Wednesday, April 8th:
- 12:45 PM - Gabino Gonzalez v. State of Indiana - A pickup truck Gabino Gonzalez was driving while he was intoxicated hit a school bus. A jury found him guilty of criminal mischief and driving while intoxicated. Before his trial he was negotiating a guilty plea and while it was pending he wrote a letter to the school corporation in which he apologized for the accident and admitted he was drinking that day. The trial court allowed the State to enter that letter into evidence. Gonzales argues on appeal that was error because a letter written as part of guilty plea negotiations is inadmissible at a trial, and because the letter was hearsay. Apparently Gonzales had written a different letter in Spanish but the letter presented at trial was a translation by someone else. The Scheduled Panel Members are: Judges Riley, Bailey and May. [Where: Sam and Paul Robinson Performing Arts Center, Our Lady Providence High School, 707 Providence Way, Clarksville]
Next Thursday, April 9th:
- 10:00 AM - Frederick William Lacava v. Daniel and Geoffrey Lacava - Frederick LaCava was sued by his adult sons, Daniel and Geoffrey, for alleged sexual abuse during their minority. Daniel and Geoffrey claimed they suffered from repressed memories of the events. LaCava filed a motion for summary judgment claiming that the action was barred by the statute of limitation, either because Daniel and Geoffrey did not suffer from repressed memory or because their mother's knowledge of the events during their minority is imputed to them. The trial court denied the motion, finding genuine issues of material fact as to when Daniel and Geoffrey had memories of the events and whether their mother was complicit in LaCava's misconduct. This court has accepted LaCava's interlocutory appeal of the trial court's denial of his motion for summary judgment. The Scheduled Panel Members are: Judges Riley, Kirsch and Robb. [Where: Sheraton Hotel Conference Center, 31 West Ohio Street, Indianapolis]
Posted by Marcia Oddi on March 30, 2009 09:10 AM
Posted to Upcoming Oral Arguments