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Monday, April 06, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/6/09):
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.
- None currently scheduled
This week's oral arguments before the Court of Appeals (week of 4/6/09):
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]
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]
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]
Next week's oral arguments before the Court of Appeals (week of 4/13/09):
Next Tuesday, April 14th:
- 5:00 PM - Jim Mansfield vs. Sharon McShurley and the Delaware County Election Board - Mansfield was apparently elected mayor of Muncie. There was a recount after which his opponent, McShurley, was declared the winner. Mansfield challenged that result and McShurley moved to dismiss. The trial court dismissed Mansfield's challenge because an election contest must be brought within fourteen days after election day. Mansfield notes that for the two weeks after election day, he was the apparent winner of the election and therefore could not challenge it. He argues strict compliance with the statutory deadline is not required, and that the trial court also erred in dismissing his amended complaint that questioned the exclusion of certain voters. The Scheduled Panel Members are: Judges May, Robb and Bradford. [Where: Purdue University, Lafayette, Indiana ]
[ILB note: The briefs are available here.]
- 2:00 PM - Jacobsville Developers East, Inc. vs. Warrick County, Indiana by and through the Board of County of Warrick County, Indiana and the Warrick County Area Planning Commission - Jacobsville Developers East ("JDE") appeals the trial court's dismissal of its inverse condemnation complaint, under Indiana Trial Rules 12(B)(1) and 12(B)(6), against the Warrick County, Indiana Board of Commissioners and the Warrick County Area Planning Commission ("APC"). The APC denied JDE's application for subdivision approval because it failed to comply with the Subdivision Control Ordinance provision requiring that it dedicate a fifty-foot strip as a right-of-way. JDE sought review by writ of certiorari but voluntarily dismissed the action and filed, with objection, a second application for plat approval that included the fifty-foot dedication. Issues include: whether JDE's voluntary dismissal of its certiorari action resulted in a failure to exhaust administrative remedies and whether the exaction of a fifty-foot strip of JDE's property for dedication to a public roadway amounted to a "taking." The Scheduled Panel Members are: Judges Robb, Crone and Brown. [Where: Court of Appeals Courtroom - Webcast]
Posted by Marcia Oddi on April 6, 2009 08:15 AM
Posted to Upcoming Oral Arguments