OF THE INDIANA SUPREME COURT
Attorney for Wernle, Ristine & Ayres
James E. Ayers
Attorney for Workers Compensation Board
G. Terrence Coriden
David L. Steiner
Thursday, September 19
9:45 a.m. Phyllis Milledge v. The Oaks, A Living Center
Milledge injured her ankle in her employer's parking lot before beginning work. The Workers Compensation Board denied benefits, and the Court of Appeals affirmed. See Milledge v. The Oaks, a Living Center, 764 N.E.2d 230 (Ind. Ct. App. 2002). The Supreme Court has granted transfer, vacating the opinion of Court of Appeals, and has assumed jurisdiction over this appeal. One issue raised is whether Milledges injury arose out of her employment.
Attorney for Milledge
Attorney for Oaks
9:00 a.m. Mark R. Passmore v. Lee Alan Bryant Health Care Facilities, Inc.
Plaintiff asserts that his mother, a nursing home resident, was assaulted by an employee, who had formerly been employed by Defendant. Plaintiff alleges that Defendant gave an inaccurate employment recommendation for the employee to the nursing home. The Parke Circuit Court granted summary judgment to Defendant, and the Court of Appeals affirmed. See Passmore v. Lee Alan Bryant Health Care Facilities, Inc., 765 N.E.2d 625 (Ind. Ct. App. 2002). Plaintiff has petitioned the Supreme Court to grant transfer and assume jurisdiction over this appeal.
Attorney for Passmore
Attorney for Lee Alan Bryant Health Care Facilities
Wednesday, September 25
9:45 a.m. Apple Glen Crossing, LLC v. Trademark Retail, Inc.
In this action between business associates for breach of contract, the Allen Superior Court entered a preliminary injunction enjoining one party from terminating the other party as manager of a project. The Court of Appeals affirmed in Apple Glen Crossing v. Trademark Retail, 760 N.E.2d 1109 (Ind. Ct. App. 2001). The Supreme Court has granted the petition to transfer jurisdiction, vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal
Attorney for Apple Glen Crossing
Gene R. Leeuw
Attorney for Trademark Retail, Inc.
Edward L. Murphy, Jr.
Fort Wayne, IN
Wednesday, September 25
10:30 a.m. Loretta Baca v. New Prime, Inc., Prime, Inc. and Independent Contractor Operators of Springfield.
After plaintiff was injured while riding in a truck driven by her husband, she sued her husbands employer. The Wayne Superior Court granted summary judgment to the employer, and the Court of Appeals affirmed, holding that the claim was barred by Indianas Guest Statute. See Baca v. New Prime, Inc., 763 N.E.2d 1014 (Ind. Ct. App. 2002). The Supreme Court has granted transfer, vacating the opinion of Court of Appeals, and has assumed jurisdiction over this appeal. One issue is whether Indiana law applies.
Attorney for Baca
Richard J. Dick
Attorney for New Prime, Inc and Prime, Inc
Richard A. Young