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Wednesday, August 18, 2010

Ind. Decisions - Two recent Supreme Court rulings

In a 2-page Order filed July 27, 2010, Acting CJ Dickson writes:

Pursuant to Indiana Appellate Rule 64, the United States District Court for the Southern District of Indiana has certified a question of Indiana state law for this Court’s consideration. The question arises in Green v. Ford Motor Co., Case No. 1:08-cv-0163-LJM-TAB (S.D. Ind.). The question, as framed by the district court, is:
“Whether, in a crashworthiness case alleging enhanced injuries under the Indiana Products Liability Act, the finder of fact shall apportion fault to the person suffering physical harm when that alleged fault relates to the cause of the underlying accident.”
The certified question, which each member of this Court has considered, is hereby ACCEPTED pursuant to Indiana Appellate Rule 64.

In State of Indiana ex rel. Center B. v Marion Superior Court, Civil Division 10, et al., a 5-0 opinion filed Aug. 5, 2010, CJ Shepard writes:

Relator filed a verified petition for writ of mandamus and accompanying application papers under the rules governing original actions. Relator alleges, among other things, that the trial court failed to rule on a motion within the time required by Trial Rule 53.1 and that the trial court clerk failed in her duty to withdraw the case from the court for appointment of a special judge after Relator filed its praecipe on January 19, 2010. This Court issued an order allowing an opportunity for the filing of responsive briefs. * * *

The Honorable David J. Dreyer is directed to vacate any orders issued in the case below after the filing of Relator’s praecipe and to cease exercising jurisdiction over the case except as to any administrative tasks necessary to effectuate this writ. Elizabeth L. White, clerk of the trial court, is directed to give written notice to Judge Dreyer and this Court that submission of the case has been withdrawn in accordance with Trial Rule 53.1(E)(2). Motions to reconsider or petitions for rehearing are not allowed. Ind. Original Action Rule 5(C).

Judge Dreyer is reminded of his obligation to file a written report pursuant to Trial Rule 53.1(F) once the clerk complies with Trial Rule 53.1(E)(2) and this Court issues an order appointing a special judge.

Posted by Marcia Oddi on August 18, 2010 11:51 AM
Posted to Ind. Sup.Ct. Decisions