Monday, January 14, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of (1/14/13):
Thursday, January 17th
- 9:00 AM - City of Indianapolis v. Rachael Buschman (49S02-1210-CT-598) - After Rachel Buschman was in an accident with an Indianapolis police officer, she submitted a tort claim notice to the City stating there was damage to her car and "No injures." Buschman later filed a personal injury complaint. On the issue whether Buschman's tort claim notice met the requirements of the Tort Claims Act, the Marion Superior Court entered summary judgment for Bushman. The Court of Appeals reversed and remanded. City of Indianapolis v. Bushman, 970 N.E.2d 757 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a June 26, 2012 opinion.
- 9:45 AM - Thomas Pine v. Stirling Clinic, Inc., et al. (49A02-1105-CR-382) - After Helen Pine's death, Plaintiffs filed a complaint alleging the Defendants failed to diagnose Helen's cancer timely and thereby increased her risk of harm. The Marion Superior Court granted all Defendants summary judgment. The Court of Appeals affirmed on grounds including that no expert "could give an opinion on [Helen's] percentage chance of survival" before the alleged failure to diagnose, and Plaintiffs therefore "failed to produce quantitative evidence of the risk of harm[.]" Pine v. Stirling Clinic, Inc, No. 49A02-1105-CT-382, slip op. at 14 (Ind. Ct. App. Feb. 29, 2012), trans. pending. Plaintiffs have petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: Transfer has not yet been granted. This is a Feb. 29, 2012 NFP opinion.
- 10:30 AM - Ohio Farmers Ins. Co., et al. v. Indiana Drywall & Acoustics, Inc. (49S02-1210-CC-599) - Subcontractor Indiana Drywall sued general contractor S.C. Nestel for breach of contract and fraud, and sued surety Ohio Farmers for recovery under a payment bond. Defendants’ motions for summary judgment and judgment on the evidence were denied, and a jury eventually found in favor of Indiana Drywall and against both defendants. The Court of Appeals affirmed the judgment against S.C. Nestel but reversed the judgment against Ohio Farmers, holding among other things that a one-year limitation period in the surety bond barred Indiana Drywall from recovery under the bond. Ohio Farmers Ins. Co. v. Indiana Drywall & Acoustics, Inc., 970 N.E.2d 674 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a May 22, 2012 COA opinion (initally NFP, reclassified on 7/6/12) where appellant's petition to transfer was denied and appellee's was granted by the Supreme Court.
Next week's oral arguments before the Supreme Court (week of (1/21/13):
Tuesday, January 22nd
- 11:00 AM - Girl Scouts of So. Illinois, et al. v. Vincennes Ind. Girls (42S00-1210-PL-597) - In 1965, the National Girl Scouts underwent reorganization, and as a result, the appellee, Vincennes Indiana Girls (“VIG”) was required to convey some ten acres of land known as Camp Wildwood to an Illinois scout council, the appellant, Girl Scouts of Southern Illinois (“GSSI”). The deed specified that ownership of the camp would revert to VIG if that camp was not used as a scouting facility for a period of 49 years. The deed also specified that if VIG’s corporate existence was terminated, the reversion right would automatically terminate; VIG was administratively dissolved for a time because an annual fee had not been paid to the Secretary of State. By 2009, GSSI had stopped using the land as a scout camp and had notified VIG that it intended to sell the camp. VIG filed a quiet title action, asserting that title to Camp Wildwood had reverted to VIG. IC 32-30-3-14 provides that “a possibility of reverter…concerning real property is invalid after thirty (30) years from the date [it] is created….” The Knox Circuit Court granted summary judgment for VIG, deciding that IC 32-30-3-14 was unconstitutional as applied, that VIG did not lose its right to the camp when it was administratively dissolved, and that VIG owns the fee simple title to Camp Wildwood. This is a direct appeal.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 1/14/13):
Wednesday, January 16th
- 1:30 PM - Christina Kovats vs. State of Indiana (15A01-1205-CR-224) Christina M. Kovats was a home healthcare nurse hired to look after eighty-nine-year-old N.C., who had recently suffered from a stroke. On the evening of October 28, 2011, Kovats was driving N.C. home from a weekly social event N.C. liked to attend when she stopped to fuel her car. Kovats then drove off from the gas station without paying for gasoline, and subsequently fled from an Indiana State Police Trooper who tried to stop her for her theft of the gasoline. After reaching speeds exceeding 100 miles per hour, Kovats lost control of her car. N.C. was seriously injured in the wreck, had to be cut from the car, suffered severe pain, and died six weeks later. At the time of the incident, Kovats tested positive for oxymorphone, a drug more potent than morphine or heroin. The State charged Kovats with Class B felony neglect of a dependent, Class D felony operating a vehicle while intoxicated, Class D felony resisting law enforcement, and Class D felony criminal recklessness. Following a four-day jury trial, Kovats was found guilty as charged. The trial court entered judgment of conviction on the jury verdicts, but at the sentencing hearing “merged” the Class D felony convictions into the conviction for Class B felony neglect of a dependent and sentenced Kovats to twenty years of incarceration on the Class B felony only. On appeal, Kovats claims that: (1) the trial court abused its discretion by considering as an aggravating factor that N.C. died six weeks after she sustained her injuries, (2) her twenty-year sentence is inappropriate in light of the nature of the offense and the character of the offender, and (3) the trial court should have vacated the judgments of conviction entered on the merged counts. The Scheduled Panel Members are: Judges Baker, Bailey and Mathias. [Where: Union County High School, 410 Patriot Blvd., Liberty, Indiana]
- No arguments 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 January 14, 2013 07:59 AM
Posted to Upcoming Oral Arguments