Monday, June 13, 2016
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 6/13/16):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 6/20/16):
[Note: This will be Justice Slaughter's first opportunity to hear oral arguments. He is to be sworn in today, June. 13th.]
Thursday, June 23
- 9:00 AM - Thomas Todd Reynolds v. Tricia Reynolds (29A04-1505-DR-265) In this post-dissolution proceeding, Father did not provide income documentation in response to Mother’s requests. The Hamilton Superior Court concluded Father violated the provisions of the parties’ dissolution decree and found him in contempt. The Court of Appeals reversed. Reynolds v. Reynolds, No. 29A04-1505-DR-265 (Ind. Ct. App. 2016), trans. pending. Mother has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a Feb. 16, 2016 NFP COA decision.
- 9:45 AM - Mary K. Patchett v. Ashley N. Lee (29A04-1501-CT-1) In this personal injury action, the Hamilton Superior Court entered an order in limine prohibiting the defendant from mentioning at trial that the plaintiff’s state-sponsored health insurance plan had paid, and the healthcare providers had accepted, discounted amounts in full satisfaction of the plaintiff’s medical bills. On interlocutory appeal, the Court of Appeals accepted jurisdiction and affirmed, concluding Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009), did not apply, and the trial court did not abuse its discretion in finding evidence of the discounted payments is inadmissible under Evidence Rule 403. Patchett v. Lee, 46 N.E.3d 476 (Ind. Ct. App. 2015), reh’g denied. The defendant has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a Nov. 19, 2015 COA opinion. Note: according to the docket, several amicus briefs have been filed with the Supreme Court in this case. Unfortunately, all briefs were filed prior to the April 1, 2016 date when briefs became accessible online; the ILB does not have access to them.
- 10:30 AM - L.C. v. Wayne Zollman (10A04-1509-PO-1438) After an evidentiary hearing, the Clark Circuit Court dismissed a request for a protective order, concluding the petitioner had not shown, by a preponderance of the evidence, that stalking or a sex offense occurred sufficient to justify a protective order. Affirming, the Court of Appeals held that the trial court’s order is adequate for appellate review and the trial court did not abuse its discretion in dismissing. L.C. v. Wayne Zollman, No. 10A04-1509-PO-1438, 2016 WL 614032 (Ind. Ct. App. 2016), trans. pending. The petitioner asks the Supreme Court to accept jurisdiction over the appeal. ILB: This is a Feb. 16, 2016 COA opinion.
This week's oral arguments before the Court of Appeals (week of 6/13/16):
Tuesday, June 14
- 11:00 AM - Anonymous M.D., et al, v. Lockridge, et al (39A01-1509-CT-1498) Traci Leach died from lung cancer after the alleged medical malpractice of a radiologist, who failed to identify a tumor in a CT scan. Leach's minor children, among others, filed a medical malpractice claim against the radiologist and the hospital. The claim was filed after the two-year statute of limitations expired, but the trial court denied the medical practitioners' summary judgment motion because it found that the children were entitled to file at any time before their eighth birthday under the Medical Malpractice Act. The appellants now bring this interlocutory appeal of that ruling.
The Scheduled Panel Members are: Judges Baker, May and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
- 2:00 PM - Danny Sims v. Andrew Pappas, et al. (45A03-1509-CT-01424) Andrew Pappas sought damages for injuries suffered in a motor vehicle accident caused by Danny Sims, who was intoxicated at the time of the accident. The matter went to trial and, over Sims’ objection, the trial court admitted into evidence Sims’ driving record, which included a 1983 conviction for operating while intoxicated, and a 1996 conviction for reckless driving. A jury found against Sims and in favor of Pappas. The jury awarded Pappas $1,444,000.00 in compensatory damages, and $182,500.00 in punitive damages, and awarded $373,500.00 to Pappas’ wife for loss of consortium. Sims appeals, arguing: 1) the trial court erred by admitting evidence of his prior criminal convictions; 2) the compensatory and loss of consortium damages awards are excessive; and, 3) the punitive damages award is excessive and constitutes a deprivation of property without due process of law. The Scheduled Panel Members are: Judges Shepard, Riley and Altice. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:00 PM - Sony DADC US Inc., v. Mark Thompson (84A01-1507-CT-00892) Thompson was hired as a security guard by Securitas, a private contractor, to provide building security at Sony’s Terre Haute facility. While on the job, Thompson walked across the dock area and was struck by a vehicle driven by Brown, a Sony employee in the packaging department, who had clocked out but had not yet left the property because he wanted to place some personal items in the company recycling area. Sony challenges the trial court’s denial of its Motion for Summary Judgement on the issue of respondeat superior, or, in the alternative, to allow the jury to decide the issue. In addition, Sony challenges the trial court decision to allow Thompson to present evidence of lost wages. The Scheduled Panel Members are: Judges Riley, Kirsch and Pyle. [Where: Purdue University West Lafayette]
- 1:00 PM - Deante L. Dalton v. State of Indiana (20A05-1508-CR-01098) As a result of his participation in a violent home invasion which resulted in the death of one of his co-perpetrators, Appellant-Defendant Deante Dalton was convicted of felony murder. On appeal, Dalton challenges the sufficiency of the evidence to sustain his conviction. In challenging the sufficiency of the evidence, Dalton contends that Appellee-Plaintiff the State of Indiana failed to prove that his actions were the mediate or immediate cause of his co- perpetrator's death. For its part, the State contends that the evidence is sufficient to sustain Dalton’s conviction. The Scheduled Panel Members are: Chief Judge Vaidik, Judges Barnes and Bradford. [Where: Court of Appeals Courtroom (WEBCAST)]
- No oral arguments currently scheduled.
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 June 13, 2016 07:55 AM
Posted to Upcoming Oral Arguments