Ind. Supreme Court Oral Arguments
The Indiana Supreme Court will hear four cases on Thursday, following on the heels of an already busy Wednesday that includes five oral arguments. Thursday’s cases are as follows. Delta Airlines v. Cook:
Passengers sued airlines for permitting a passenger who was behaving erratically to board. The Marion Superior Court granted partial summary judgment to the airlines. The Court of Appeals affirmed in part and reversed in part; holding the action was not preempted by federal law and genuine issues of fact precluded summary judgment on claims for breach of contract and negligent infliction of emotional distress. See Delta Airlines v. Cook, 816 N.E.2d 448 (Ind. Ct. App. 2004), clarified on reh’g, 821 N.E.2d 400 (Ind. Ct. App. 2005), 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.
Robert Cavens, M.D. v. Tim Zaberdac:
In this medical malpractice case, the Lake Superior Court granted Zaberdac’s motion for judgment on the evidence with respect to Dr. Craven’s contributory negligence defense. The jury returned a verdict for Zaberdac. The Court of Appeals reversed and remanded, concluding Dr. Cavens should have been permitted to present his contributory negligence defense to the jury. Cavens v. Zaberdac, 820 N.E.2d 1265 (Ind. Ct. App. 2005), vacated. The Supreme Court has granted transfer and assumed jurisdiction over the case.
Duthmen Manufacturing, Inc. v. Reynolds:
The Elkhart Superior Court denied Dutchmen Manufacturing’s motion for summary judgment on Reynolds’ claim he was injured by a chattel supplied by Dutchmen. The Court of Appeals accepted jurisdiction of this interlocutory appeal, reversed the trial court, and remanded with instructions to enter judgment for Dutchmen. Dutchmen Mfg., Inc. v. Reynolds, 819 N.E.2d 529 (Ind. Ct. App. 2004), reh’g denied, vacated. The Supreme Court has granted transfer and assumed jurisdiction over the case.
The Madison Superior Court denied Danny Brown’s motion requesting the court to credit against Danny’s child support arrearage a retroactive lump sum payment of social security disability benefits paid to the benefit of the child because of Danny’s disability. The Court of Appeals affirmed. Brown v. Brown, 823 N.E.2d 1224 (Ind. Ct. App. 2005). Danny Brown has petitioned the Indiana Supreme Court to accept jurisdiction over this case.
