Barry Daugherty v. Industrial Contracting & Erecting
Thursday, December 5, 2002 at 10:30 a.m.
In this workers compensation case, Barry Daugherty had surgery without the authorization of his employer, Industrial Contracting & Erecting, and without the approval of the Workers Compensation Board. Following the surgery, Daugherty returned to work and applied to the Board for an order requiring the employer to pay the surgical costs. The Board denied the request on grounds the surgery was unauthorized. A majority of the Court of Appeals affirmed. The Supreme Court granted transfer, thereby vacating the Court of Appeals opinion reported at Daugherty v. Industrial Contracting & Erecting, 765 N.E.2d 1280 (Ind. Ct. App. 2002), and has assumed jurisdiction over the appeal.
Attorney for Daugherty
Terre Haute, IN
Attorney for Industrial Contracting
Kathryn A. Moll
State of Indiana v. John C. Dugan, Jr.
Thursday, December 19, 2002 at 9:00 a.m.
The Marion Superior Court dismissed two counts of an indictment charging the appellee with official misconduct. The Court of Appeals affirmed the trial court, but on different grounds. State v. Dugan, 769 N.E.2d 235 (Ind. Ct. App. 2002). Both sides have petitioned the Supreme Court to accept jurisdiction over the appeal.
Attorneys for State
Cynthia L. Ploughe
Attorneys for Dugan
J. Richard Kiefer
Darlene R. Seymour
Eddie W. Henson, Jr. v. State of Indiana
Thursday, December 19, 2002 at 9:45 a.m.
Eddie Henson was convicted in the Sullivan Circuit Court of felony battery by bodily waste. The Court of Appeals ordered a new trial, finding the trial court had erred in refusing to give an instruction to the jury on self defense. Cause No. 77A04-0110-CR-431 (Ind. Ct. App. 2002) (unpublished memorandum decision). The Supreme Court has granted the States petition seeking transfer of jurisdiction, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.
Attorney for Henson
Susan K. Carpenter
Gregory L. Lewis
Attorney for State
Jodi Kathryn Stein
Tamara Cook v. Kenneth Whitsell-Sherman
Thursday, December 19, 2002 at 10:35 a.m.
After being bitten by a dog, a mail carrier sued the dogs owner for negligence. At a bench trial, the Madison Circuit Court found the dog owner negligent per se in light of Indiana Code § 15-5-12-1 and awarded the mail carrier $87,000 in damages. The Court of Appeals reversed after concluding that the statute cannot be the basis of a finding of negligence per se because it does not establish any particular duty on the part of dog owners. It also held that certain evidence of the mail carriers future medical expenses was admissible under Indiana Evidence Rule 413. Cook v. Whitsell-Sherman, 771 N.E.2d 1211 (Ind. Ct. App. 2002). The Supreme Court has granted transfer, vacating the Court of Appeals opinion, and has assumed jurisdiction over this appeal.
Attorney for Cook
Kevin C. Tyra
Doris L. Sweetin
Attorney for Whitsell-Sherman