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The Indiana Supreme Court will hear oral arguments later this month concerning a sewage leak and a quadriplegic woman’s personal injury suit.
Justices are scheduled to hear arguments at 9 a.m. on Nov. 15 in the case of Conroad Associates, L.P. v. Castleton Corner Owners Association, Inc. and McKinley, Inc., 22S-PL-00307.
There, Conroad sued Castleton Corner Owners Association for failing to maintain a sewer lift station, which ultimately flooded Conroad’s building with sewage and led its tenant, Pier 1 Imports, to terminate its lease. The Marion Superior Court awarded damages to Conroad, and Castleton appealed in Castleton I.
While Castleton I was pending on appeal, Conroad initiated proceedings supplemental and obtained an interest in Castleton’s real property, and Castleton appealed this judgment in Castleton II.
After remand in Castleton I, and while Castleton II was pending, the trial court vacated the proceedings supplemental order at issue in Castleton II. The Court of Appeals affirmed, finding that the trial court maintained jurisdiction to enforce the Castleton I judgment.
Also on Nov. 15, justices will hear arguments at 10 a.m. in Kathryn Davidson v. State of Indiana, Indiana Department of Transportation, I-69 Development Partners, LLC, DLZ Indiana, LLC, Aztec Engineering Group, Inc., Walsh Construction Company, II, LLC, 22S-CT-00318.
In that case, Kathryn Davidson was severely injured in a semi-truck crash in Monroe County that left her quadriplegic. She sued the trucking company and its owner in Lake County, where the trucking company was incorporated, and received a $3.24 million judgment.
Davidson also sued the state, the Indiana Department of Transportation and other defendants in Monroe County. She maintained that her injuries were caused, in part, by the defendants’ negligence in constructing the I-69 extension.
The Monroe Circuit Court dismissed Davidson’s complaint, finding that her claims were barred by collateral estoppel, but the Court of Appeals reversed.
The appellate panel ruled although Davidson’s Lake County and Monroe County lawsuits arose from the same accident, each required different proof as to the defendants’ negligence and liability. It also found that the claim splitting preclusion does not apply because Davidson is not filing multiple lawsuits against the same defendants.
After the petition to transfer was filed, the Defense Trial Counsel of Indiana filed an amicus curiae brief, asking the Supreme Court to accept the case.
Arguments in both cases will be hosted in the Indiana Supreme Court courtroom at the Indiana State House in Indianapolis.
The arguments will be held in person and live streamed online.
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