Monday, March 01, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 3/1/10):
Thursday, March 4th
- 9:00 AM - League of Women Voters, et al. v. Todd Rokita (49S02-1001-CV-50) - The League of Women Voters sued Indiana Secretary of State Todd Rokita and sought a declaration that Indiana's Voter Identification Law violates the Indiana Constitution, but the Marion Superior Court found the League's claims to be without merit and dismissed the case. The Court of Appeals affirmed in part, reversed in part, and remanded, instructing the trial court to declare the Law void. League of Women Voters of Indiana, Inc. v. Rokita, 915 N.E.2d 151 (Ind. Ct. App. Sept. 17, 2009), vacated. The Supreme Court has granted each side's petition to transfer, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.
[For background in this case of national interest, start with this ILB entry from Nov. 18, 2009.]
- 10:05 AM - Suzanne Eads v. Community Hospital (45S03-1001-CV-33) - Less than two years after she was injured while exiting the hospital following treatment for an ankle injury, Eads filed negligence action against the hospital that the trial court later determined was a claim subject to the Medical Malpractice Act. More than two years after her injury, and shortly before her original negligence complaint was dismissed, Eads filed a proposed complaint with the Department of Insurance. The trial court held that Eads’s malpractice claim was barred by the statute of limitations, and a divided panel of the Court of Appeals affirmed, holding that the Journey’s Account Statute did not apply to preserve Eads’s action. Eads v. Community Hospital, 909 N.E.2d 1009 (Ind. Ct. App. July 23, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[Here is the ILB summary of the 2-1 opinion]
Next week's oral arguments before the Supreme Court (week of 3/8/10):
- None currently scheduled.
This week's oral arguments before the Court of Appeals (week of 3/1/10):
Tuesday, March 2nd
- 10:30 AM - Alberto Ruiz v. State of Indiana (49A05-0906-CR-356) - Alberto Ruiz confessed to child molesting and his counsel wanted to present expert testimony by a clinical psychologist about coerced or false confessions. The State asked the trial court not to allow the witness to testify, and the trial court excluded the witness on the grounds the testimony would not help the jury resolve any disputed facts, and would likely confuse the issues, mislead the jury, or unfairly prejudice the State. The Scheduled Panel Members are: Judges May, Crone and Brown. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Wednesday, March 3rd
- 1:30 PM - Howard Regional Health System, et al v. Jacob & Lisa Gordon (34A02-0902-CV-179) - Gordon sued the hospital and doctors for medical malpractice related to a child's birth. Eighteen months later, the hospital indicated it had lost much of the required evidence. Hence, Gordon attempts to recover from the hospital for spoliation of evidence. The Scheduled Panel Members are: Judges Kirsch, Darden and May. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Thursday, March 4th
- 9:00 AM - Theotis Tolliver v. State of Indiana (45A03-0906-CR-250 ) - Appellant-Defendant Theotis Tolliver appeals his conviction, following a jury trial for Murder, and the finding that he is a Habitual Offender. On appeal, Tolliver challenges his conviction and habitual offender status by claiming the trial court erred on the following grounds; (1) by denying his motion for a continuance when a defense witness failed to appear at trial; (2) by permitting a police officer to testify regarding the truthfulness of the victim; (3) by prohibiting defense counsel from inquiring into certain State's witnesses' possible bias or ulterior motives on cross-examination; and (4) by allowing into evidence certain victim statements as statements against interest pursuant to Indiana Evidence Rule 804(b)(3). The Scheduled Panel Members are: Judges Darden, Bradford and Brown. [Where: Pike High School, Indianapolis, Indiana]
- 1:30 PM - Constance Nasser v. St. Vincent Hospital & Health Services (49A02-0910-CV-955) - Following an amniocentesis, Constance Nasser, eighteen weeks pregnant with twins, was admitted to St. Vincent Hospital in Indianapolis for observation. After discovering she was in labor, Nasser pressed the call button for help. However, the hospital staff did not respond. After several more presses and screams for help, Nasser delivered her premature stillborn twins alone in her hospital bed. The nurses and doctor walked in Nasser's hospital room just as Nasser's husband, who drove from home, walked in. Nasser filed a proposed complaint for malpractice against the hospital only, as what happened was a known complication of the amniocentesis. Nasser alleged emotional distress. The two physicians on the medical review panel found in favor of the hospital on both breach of the applicable standard of care and causation, and the nurse on the panel found against the hospital on both. Nasser filed a complaint in Marion Superior Court, and St. Vincent moved for summary judgment. Nasser filed a cross motion for summary judgment. Nasser designated portions of her deposition and the medical review panel's opinion. The trial court entered summary judgment in favor of St. Vincent, concluding that Nasser was required to designate physician expert opinion on the issue of causation. Nasser now appeals, contending that the nurse who was a member of the medical review panel is qualified to render an expert opinion as to causation, thereby creating a genuine issue of material fact for trial. The Scheduled Panel Members are: Judges Riley, Vaidik and Crone. [Where: Court of Appeals Courtroom (WEBCAST)]
Friday, March 5th
- 12:00 PM - Franklin Electric Company, Inc. v. Lutheran Hospital, et al (02A04-0907-CV-381 ) - At his birth, J.K. and his mother incurred expenses for medical care provided by Lutheran Hospital of Indiana and Bluffton Regional Medical Center. J.K.'s mother was eligible for reimbursement of covered claims through the medical insurance plan offered by her employer, Franklin Electric Company, Inc. J.K.'s father was eligible for reimbursement of J.K.'s covered claims through his employer, the City of Fort Wayne. The two insurance plans have provisions for coordination of benefits ("COB") with other plans. In a declaratory judgment action brought by Lutheran and Bluffton to resolve a dispute over which plan covered J.K.'s expenses, the Allen Superior Court determined Franklin is primarily responsible for J.K.'s medical expenses and therefore granted the City's motion for summary judgment and denied Franklin's motion for summary judgment. Franklin appeals, contending the Allen Superior Court lacked subject matter jurisdiction and even if it had jurisdiction, it erred in entering judgment for the City because the COB provisions of the two plans were not properly applied. Lutheran and Bluffton cross-appeal, contending the Allen Superior Court erred in denying their motion for assessment of attorney fees against Franklin. The Scheduled Panel Members are: Judges Riley, Robb and Bradford. [Where: Culver Cove Resort and Conference Center, 319 East Jefferson, Culver Cove, Indiana]
Next week's oral arguments before the Court of Appeals (week of 3/8/10):
- None currently scheduled.
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast.
The past COA webcasts which have been webcast are accessible here.
NOTE: For a printable version of this list of upcoming oral arguments, click on the date in the next line. Then select "Print" from your browser.
Posted by Marcia Oddi on March 1, 2010 08:37 AM
Posted to Upcoming Oral Arguments