FEBRUARY 2005 SITTING

OF THE INDIANA SUPREME COURT


Thursday, February 17, 2005

9:00 a.m.      Ledbetter v. Hunter

The Marion Superior Court granted the defendants' motions to dismiss this medical malpractice action as time-barred. The Court of Appeals reversed and remanded, holding that Indiana's medical malpractice statute of limitations for minors violates the Indiana Constitution. Ledbetter v. Hunter, 810 N.E.2d 1095 (Ind. Ct. App. 2004), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

Attorneys for Robert Hunter, M.D. and Ball Memorial Hosp.
Mary Reeder
Pamela Schneeman
Indianapolis, IN

Attorneys for Ledbetter             
Michael Hanley
Mary Findling
Indianapolis, IN     

Attorneys for Amicus Curiae The Indiana State Med. Ass'n
Linda Cooley
Libby Mote
Indianapolis, IN

Thursday, February 17, 2005

9:45 a.m.          Allgood v. Meridian Sec. Ins. Co.

The Marion Superior Court dismissed an action brought by an insured against an automobile damage insurer to recover for the diminished value of her car after it had been repaired. The Court of Appeals reversed, holding the policy covered the diminished value of the car. Allgood v. Meridian Sec. Ins. Co., 807 N.E.2d 131, clarified on reh'g, 812 N.E. 2d 1065 (Ind. Ct. App. 2004), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

Attorneys for Meridiana Sec. Ins. Co.         Attorneys for Allgood
Karl Mulvaney                    Irwin Levin
Nana Quay-Smith                    Scott Gilchrist
Candace Sage                        Eric Pavlack
Indianapolis, IN                    Indianapolis, IN

Attorneys for Amici Curiae
Robert Clemens
George Patton
Kathleen Hart
Indianapolis, IN


Thursday    February 17, 2005

10:30 a.m.     Henry Luke Kellems, Jr. v. State of Indiana

The Perry Circuit Court convicted the Appellant, Henry Luke Kellems, Jr., of operating a vehicle as a habitual traffic offender. Kellems appealed the trial court’s decision, and the court of appeals reversed. Kellems v. State, 816 N.E.2d 421 (Ind. Ct. App. 2004), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

     Attorney for Appellant             Attorney for Appellee
    J. Michael Sauer                Cynthia L. Ploughe
    Deputy Public Defender            Deputy Attorney General
    Indianapolis, IN                Indianapolis, IN



Thursday, February 24, 2005

9:00 a.m.         State of Indiana v. Heath Spillers

The Appellee, Heath Spillers, was charged with dealing in cocaine as a Class A felony following a police search of his girlfriends’ apartment. The Madison Superior Court suppressed the evidence obtained as a result of the apartment search. The State appealed the trial court’s decision, and the court of appeals reversed and remanded the matter for further proceedings. State v. Spillers, 816 N.E.2d 67 (Ind .Ct. App. 2004), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

Attorney for Appellant                     Attorney for Appellee
Nicole M. Schuster                        Bryan R. Williams        
Indianapolis, IN                        Anderson, IN



Thursday, February 24, 2005

9:45 a.m.         State of Indiana v. Dow Wilson

The Appellee, Dow Wilson, was charged with welfare fraud and theft. During trial in the Marion Superior Court, Criminal Division, the trial court, pursuant to Ind. Code § 34-46-3-2, excluded testimony from Wilson’s wife offered by the State. The Court of Appeals affirmed. State v. Wilson, 816 N.E.2d 61 (Ind .Ct. App. 2004), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

Attorney for Appellant                 Attorney for Appellee
Justin F. Roebel                    Ellen M. O'Connor
Indianapolis, IN                    Indianapolis, IN







Thursday, February 24, 2005

10:30 a.m.      Midtown Chiropractic v. Illinois Farmers Ins. Co.

The Marion Superior Court entered summary judgment in favor of Illinois Farmers. The Court of Appeals reversed and remanded. The Court of Appeals concluded Midtown had received a patient’s valid equitable assignment of the right to receive proceeds following an automobile accident; therefore, Midtown could sue Illinois Farmers directly for not honoring that assignment. The Court of Appeals also formed material factual issues precluded summary judgment. Midtown Chiropractic v. Illinois Farmers Ins. Co. (Ind. Ct. App. 2004). Illinois Farmers has petitioned the Supreme Court to accept jurisdiction over the appeal.


Attorneys for Midtown Chiropractic         Attorney for Illinois Farmers
Michael B. Langford                    Laura S. Reed
A. Jack Finklea                    Indianapolis, IN
Indianapolis, IN
James F. McCarthy, III
Jerome C. Bishop
Cincinnati, OH

Attorneys for Amicus Curiae,              Attorneys for Amici Curiae,
Indiana State Chiropractic Ass'n             Ins. Inst. of Indiana, Inc.
Mark K. Sullivan                     and the Prop. Cas. Insurers
Indianapolis, IN                    Association of America
John P. Lowry                        John C. Trimble
Cincinnati, OH                      Richard K. Shoultz
                             Indianapolis, IN