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