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Monday, March 02, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 2 NFP memorandum decisions)

For publication opinions today (2):

In Ball Memorial Hospital, Inc. v. L. Gail Fair, as Personal Representative of the Estate of Suwanna Dickey, Deceased v. Izzet Yazgan, M.D., and Meridian Services Corporation, a 19-page opinion, Judge Bradford concludes:

We conclude that the trial court correctly denied defendant Ball Memorial summary judgment on the question of whether plaintiff Fair may pursue a negligence claim against its pharmacist. Dr. Yazgan and Meridian Services may also raise potential negligence on the part of the Ball Memorial pharmacist as a defense. Because Fair has a claim of negligence against the Ball Memorial pharmacist, Ball Memorial is not entitled to an order limiting its liability pursuant to Indiana Code section 34-18-14-3(d) at this time. We affirm the judgment of the trial court.
In Julie Kitchell v. Ted Franklin, as the Mayor of the City of Logansport, and The Common Council of the City of Logansport , a 16-page opinion, Chief Judge Vaidik writes:
Julie Kitchell appeals the trial court’s award of attorneys’ fees to Logansport Mayor Ted Franklin and the Common Council of the City of Logansport, challenging a number of the trial court’s findings of fact and conclusions of law. We conclude first that the findings and conclusions are not inherently suspect even though they were adopted verbatim from the City’s proposed findings and conclusions; moreover, we find that even if we were to eliminate entirely the findings of fact challenged by Kitchell, the remaining findings would amply support the conclusion that her claim was unreasonable and groundless. We also conclude that Kitchell’s characterization of this case as a matter of “first impression” does not shield her from attorney-fee liability. Therefore, finding that the trial court did not abuse its discretion in awarding attorneys’ fees, we affirm.
NFP civil decisions today (1):

In re the Marriage of: Dedra L. Fisher v. Terry L. Fisher (mem. dec.)

NFP criminal decisions today (1):

Stephen Wilbert v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on March 2, 2015 01:07 PM
Posted to Ind. App.Ct. Decisions