Wednesday, July 01, 2015
Ind. Decisions - Supreme Court denies transfer in Mid American Sound
Polet moved for partial summary judgment on the State’s affirmative defense it was immune under the ITCA. The trial court denied her motion. Polet argues the limits on the State’s aggregate tort liability, as applied to her, violate the Indiana Constitution’s open courts and equal privileges guarantees. * * *was denied transfer by the Supreme Court on June 29, 2015. The vote was 3-2:
The application of the ITCA aggregate liability cap to Polet did not violate the open courts clause of the Indiana constitution, nor was Polet in a class of persons treated unequally compared to other claimants seeking relief under the ITCA. We accordingly affirm.
Rush, C.J., and Rucker and Massa, JJ., concur.ILB: Here is a news release from the Indiana Attorney General.
Dickson and David, JJ., dissent to the denial of transfer, believing the case warrants the Courtʼs consideration as to whether the Indiana Tort Claims Actʼs aggregate liability cap is unconstitutional as applied to the appellants in these particular circumstances where the legislature has increased the amount of money available to the victims yet the appellants are denied the opportunity to participate in any recovery.