Monday, December 19, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 12/19/11):
Tuesday, December 20th
- 9:00 AM - Sharon Gill v. Evansville Sheet Metal Works, Inc. (49S05-1111-CV-672) - Sharon Gill filed, under Marion County’s Mass Tort Litigation Docket, a complaint alleging that her husband Gale had been exposed to asbestos in the course of his work and died of an asbestos-related disease. Evansville Sheet Metal Works, a contractor for Gale’s employer, filed an initial summary judgment motion, arguing among other things that the Construction Statute of Repose barred Gill’s complaint. The trial court granted summary judgment to Evansville Sheet Metal Works, and the Court of Appeals affirmed. Gill v. Evansville Sheet Metal Works, Inc., 940 N.E.2d 328 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a Dec. 15, 2010 COA opinion, holding "Sharon’s claim was barred by the Construction Statute of Repose."
- 9:45 AM - Stephen Robertson, et al. v. B.O., et al. (49S04-1111-CT-671) - The plaintiff settled his medical malpractice claim against Lutheran Hospital and then filed this action in the Marion Superior Court seeking damages from the Patient's Compensation Fund. The court granted the plaintiff partial summary judgment in an order prohibiting the Fund from offering testimony that the plaintiff "does not have mild cerebral palsy consisting of spastic diplegia and/or that the plaintiff's condition was not caused by the conduct" of Lutheran Hospital. The Court of Appeals reversed and remanded, citing Atterholt v. Herbst, 902 N.E.2d 220 (Ind. 2009), clarified on reh'g, 907 N.E.2d 528 (Ind. 2009). See Robertson v. B.O., 949 N.E.2d 404 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. ILB: This is a May 23, 2011 COA opinion where the COA stated the issue as "Whether the [Indiana Patient’s Compensation Fund] can introduce evidence concerning the existence and compensable nature of B.O.’s damages after B.O. entered into a settlement with the healthcare provider settling his claim of medical malpractice," and "conclud[ed] that, here, the Fund can present evidence allegedly establishing that B.O. does not have spastic diplegia or that his symptoms are not due to an insult at birth."
Next week's oral arguments before the Supreme Court (week of 12/26/11):
- No arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 12/19/11):
Monday, December 19th
- 1:00 PM - K. F. v. State of Indiana (49A02-1103-JV-290) - K.F. appeals her adjudication as a delinquent child for having committed acts that, if committed by an adult, would constitute burglary as a class B felony; theft as a class D felony; and carrying a handgun without a license, a class A misdemeanor. On appeal, K.F. challenges the sufficiency of the evidence to support her adjudications and the admission of certain testimony into evidence. The Scheduled Panel Members are: Judges Friedlander, Darden and Vaidik. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 12/26/11):
- No arguments currently scheduled. (In fact, according to the only calendar I can locate, that of the hard-to-use "Oral arguments online," the COA has no more arguments scheduled until Feb. 9, 2012.)
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 December 19, 2011 09:20 AM
Posted to Upcoming Oral Arguments