MAY 2004 SITTING OF THE INDIANA SUPREME COURT


Thursday, May 6, 2004

10:20 a.m.     Chamberlain v. Walpole

The non-dependent adult son of a deceased patient brought a malpractice action against several medical providers. The Allen Superior Court held that the son could recover certain types of non-pecuniary damages under the Medical Malpractice Act, even though he would not be able to recover these damages under the Wrongful Death Act. A divided Court of Appeals affirmed. See Chamberlain v. Walpole, 796 N.E.2d 818 (Ind. Ct. App. 2003), vacated. The Supreme Court has granted transfer, vacating the opinion of the Court of Appeals, and has assumed jurisdiction over this appeal.
    

                Attorneys for Appellants
                     Milford Miller
                    Calvert Miller
                    Diana Bauer
                    Fort Wayne, IN

                    Attorneys for Appellee
                    Philip Ogden
                    Timothy Ogden
                    Warsaw, IN


                    

Thursday, May 6, 2004

11:05 a.m.     Trustees of Indiana University v. University Development Group I, LLC

The Marion Superior Court entered a permanent injuction against the Trustees of Indiana University prohibiting I.U. from breaching provisions of its lease with University Development Group I, LLC, relating to food service on the I.U.P.U.I campus. In an unpublished decision, the Court of Appeals affirmed the trial court’s determination that I.U. violated the lease, but it reversed the injuction and remanded for further proceedings as to damages. Both parties have petitioned the Supreme Court to accept jurisdiction over the appeal.


         Attorneys for Trustees of Indiana University
        Cory Brundage
        Zeff A. Weiss
        Richard A. Smikle
        Edward P. Steegmann
        Indianapolis, IN

         Attorneys for University Development Group I, LLC
         Henry J. Price
        Ronald J. Waicukauski
        Matthew W. Conrad
        Indianapolis, IN             


Thursday, May 13, 2004

9:00 a.m.     C.M.L. v. Republic Services

A child who was injured while accompanying his stepfather on his garbage collection route brought a negligence suit against the stepfather and his employer. The Switzerland Superior Court granted summary judgment to the defendants. The Court of Appeals reversed, holding that the suit was not barred by parental immunity. See C.M.L. v. Republic Services, 800 N.E.2d 200 (Ind. Ct. App. 2003). The defendants have petitioned the Supreme Court to grant transfer and assume jurisdiction over this appeal.


                Attorneys for C.M.L.
                David W. Craig
                Scott A. Faultless
                Indianapolis, IN

                Attorneys for Republic Services
                Mark J. Roberts
                Julia Blackwell Gelinas
                Lucy R. Dollens
                Indianapolis, IN



Thursday, May 13, 2004

9:45 a.m.      Endres v. Indiana State Police

The State Police Board terminated the plaintiff’s employment as a state trooper after he refused to report for duty at a riverboat casino. The Marshall Superior Court affirmed, and the Court of Appeals affirmed, holding, among other things, that that his discharge did not violate his state constitutional right of religious freedom. See Endres v. Indiana State Police, 794 N.E.2d 1089 (Ind. Ct. App. 2003). The plaintiff has petitioned the Supreme Court to grant transfer and assume jurisdiction over this appeal.

                     Attorney for Appellant
                    David Kolbe
                    Warsaw, IN

                     Attorney for Appellee
                    David Steiner
                    Indianapolis, IN


Thursday, May 13, 2004

10:30 a.m.     Donald Earl Houser, Jr. v. State of Indiana

Donald Earl Houser, Jr. was convicted of murder and burglary in the Noble Superior Court and was sentenced to life in prison with parole. He appeals the conviction and sentence to the Indiana Supreme Court.

                Attorney for Houser
                David P. Freund
                Deputy Public Defender

                Attorney for State
                Andrew A. Kobe
                Deputy Attorney General

Thursday, May 20, 2004

9:00 a.m.      City of North Vernon v. Jennings Northwest Regional Utility

The Jennings Superior Court entered summary judgment for regional sewer utility and against municipality in suit over the providing sewer services to a particular area. The Court of Appeals affirmed in North Vernon v. Jennings Northwest, 799 N.E.2d 1068 (Ind. Ct. App. 2003), 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
                    Corinne Finnerty
                    North Vernon, IN     

                    Attorney for Appellee
                    Mary Ann Gay
                    Versailles, IN

Thursday, May 20, 2004

9:45 a.m.          Bank of New York v. Nally

In this lien priority dispute between a bank and individual mortgage holders, the Hamilton Superior Court granted summary judgment in favor of the individuals. The Court of Appeals affirmed, holding that the bank had constructive notice of the individuals' mortgage that was filed in mortgagor-mortgagee index before the deed to the buyer was recorded. Bank of New York v. Nally, 790 N.E.2d 1071 (Ind. Ct. App. 2003), and 801 N.E.2d 688 (Ind. Ct. App. 2004) (opinion on rehearing). The Bank has petitioned the Supreme Court to assume jurisdiction over this appeal.

                        Attorneys for Bank of New York
                        Craig Doyle
                        Joanne Friedmeyer
                        James Shoemaker
                        Indianapolis, IN

                        Attorneys for Tod Owens
                        Michael Farrer
                        Christopher Cody
                        Elwood, IN

                        Patrick Ragains
                        Anderson, IN