Monday, October 24, 2016
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 10/24/16):
Thursday, October 27
- 10:30 AM - Tresa Megenity v. David V. Dunn (22S04-1609-CT-00465) In a karate class, David Dunn executed a kick which allegedly injured Tresa Megenity. Megenity sued Dunn, claiming he was negligent. The Floyd Superior Court found Dunn did not breach any duty he owed Megenity, and granted him summary judgment, citing Pfenning v. Lineman, 947 N.E.2d 392 (Ind. 2011). A divided Court of Appeals reversed, holding a trier of fact must determine whether Dunn breached a duty to Megenity. Megenity v. Dunn, 55 N.E.3d 367 (Ind. Ct. App. 2016). The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a 2-1 May 24, 2016 COA opinion where the dissent writes:This argument will take place in the Emens Auditorium on the campus of Ball State University, 1800 W. Riverside Ave, Muncie, Indiana 47303 at 10:30 a.m. EDT.
I respectfully dissent from the majority’s decision reversing the trial court’s summary judgment and holding that a genuine issue of material fact exists as to whether Dunn’s kick “was outside the range of ordinary behavior for a karate student engaged in a kicking-the-bag practice drill.”
Next week's oral arguments before the Supreme Court (week of 10/31/16):
Thursday, November 3
- 9:00 AM - John Doe #1, et al. v. Indiana Department of Child Services (49S02-1609-CT-00464) When Doe and his family sued the Department for negligence in divulging information identifying Doe as a reporter of suspected child abuse or neglect, the Marion Superior Court granted the Department’s motion for summary judgment. The Court of Appeals reversed and remanded. Doe v. Indiana Dep’t of Child Servs., 53 N.E.3d 613 (Ind. Ct. App. 2016) vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This was a 2-1 May 26, 2016 COA opinion where the majority writes:
The parties present us with an issue of first impression: whether I.C. § 31-33-18-2 confers a private right of action for a violation of DCS’s statutory duty to protect a reporter’s identity.and the dissent begins:
Although the majority left “for another day” the issue of whether Indiana Code section 31-33-18-2 creates a private right of action when DCS fails to protect the identity of a person who reports child abuse or neglect, I believe that this issue must be addressed and that the legislature did not intend to create a private right of action.
This week's oral arguments before the Court of Appeals (week of 10/24/16):
Tuesday, October 25
- 1:30 PM - Jill Polet, et. al. v. ESG Security, Inc., et. al. (49A02-1510-CT-1631) This case arises out of the 2011 Indiana State Fair stage collapse. On April 17, 2015, ESG Security, Inc., one of the Defendants, filed a motion for summary judgment and argued that it owed no duty to the Plaintiffs, did not breach any duty, and did not cause the Plaintiffs’ injuries. On September 14, 2015, the trial court granted ESG’s motion for summary judgment. On appeal, the Plaintiffs/Appellants argue that ESG had a duty to exercise due care when assuming responsibility for the safety and protection of those it served and that a jury must determine whether ESG breached its duty and whether and to what extent ESG proximately caused the injuries. The Scheduled Panel Members are: Judges Robb, Mathias and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:30 PM - John Morris v. Custom Kitchen & Baths (93A02-1601-EX-00179) John Morris is a licensed building contractor and the sole proprietor of Custom Kitchen & Baths. Morris often used his license, skills, tools, and vehicle in volunteer community service projects, particularly with the Boy Scouts. In August 2012, Morris was assisting in a Boy Scout project at a local church. He bought over $1,200 worth of materials with his business account and donated those materials to the project along with his time. On August 6, while working on the project, Morris fell and fractured his leg, requiring three surgeries in the ensuing months. Morris filed claims with Custom Kitchen & Baths’ worker’s compensation carrier, with the church’s insurance company, and with the liability carrier for the Boy Scouts, all of which paid money to or on behalf of Morris. Morris filed an Application for Adjustment of Claim with the Worker’s Compensation Board. The Single Hearing Member denied Morris’s claim, finding his injury did not arise out of his employment. Morris appealed to the full board, which affirmed the single hearing member’s decision. Morris now appeals to this court; Custom Kitchen & Baths cross-appeals, seeking reimbursement of monies paid to or on behalf of Morris. The Scheduled Panel Members are: Judges Robb, Mathias and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms generally will be accessible via videocast.Past Court of Appeals oral arguments 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 October 24, 2016 08:05 AM
Posted to Upcoming Oral Arguments