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Monday, October 17, 2011
Ind. Decisions - Transfer list for week ending October 14, 2011
[Search all the Transfer Lists: The ILB feature, "Search the ILB Transfer Lists," allows you to do just that, back to Feb. 2004. Check it out. Read the instructions. Note that the search is now current through the May 13, 2011 list.]
Here is the Clerk's transfer list for the week ending October 14, 2011. It is three pages (and 31 cases) long.
Three transfers were granted last week:
- John Witt, et al. v. Jay Petroleum, Inc., a May 6th COA opinion, concluded:
The trial court erred when it held the Appellants in contempt of court, both because the TRO was improvidently granted and because the Appellants’ conduct on June 27, 2008, did not constitute a willful violation of the terms of the order. Moreover, even if the Appellants had willfully violated the TRO’s terms, holding the Appellants in contempt nearly eighteen months after the TRO was entered and rendered moot by a subsequent preliminary injunction served no coercive purpose, but was instead a punitive measure impermissible in an indirect civil contempt proceeding. Reversed.
- Reginald N. Person, Jr. v. Carol A. Shipley, a May 13th NFP COA opinion where the court ruled:
The driver of an eighteen-wheel semi tractor trailer sued the driver of a sedan for injuries he allegedly sustained after his truck was rear-ended by the sedan. Expert witnesses presented by the defendant opined that the injuries allegedly suffered by the semi driver were not likely caused by what they concluded, based upon certain assumptions, must have been a low-impact collision. A jury found in favor of the defendant and awarded no damages to the semi driver. On appeal, the semi driver contends that the trial court abused its discretion in admitting the defendant‟s experts‟ opinions. Finding that the trial court indeed abused its discretion and that the admission of the expert testimony prejudiced the semi driver‟s substantial rights, we reverse and remand.
- Checking on this - it looks to be a duplicate
Posted by Marcia Oddi on October 17, 2011 01:43 PM
Posted to Indiana Transfer Lists