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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe Indiana Supreme Court will hear arguments this week in a personal injury damages dispute between two former classmates involved in a car crash.
The justices on Wednesday will hear the case of Sydney Renner v. Trevor J. Shepard-Bazant, 21S-CT-138. Sydney Renner sued Trevor Shepard-Bazant after they were both involved in a 2016 accident that left Renner with a concussion.
Renner — who had suffered two previous concussions — was awarded $132,000 in damages. She moved to correct error, seeking damages totaling $692,433.79, but the Lake Superior Court denied that motion. The Indiana Court of Appeals, however, remanded for a retrial.
“Given the applicable law, and the undisputed evidence regarding the effects of Renner’s prior concussions upon the severity and long-term effects of the concussion she sustained due to Shepard-Bazant’s negligence, we conclude that the court’s treatment of Renner’s prior two concussions as separate incidents, rather than as contributing to Renner’s injuries and damages arising from the auto accident, was against the logic and effects of the facts and circumstances before the court and resulted in error in the calculation of damages,” the COA ruled in October.
Oral arguments in Renner will begin at 9 a.m.
The court will also consider two cases on petition to transfer Wednesday.
Betty Miller, Individually and as Personal Representative of the Estate of John Allen Miller v. Laxeshkumar Patel, M.D., et al., 20A-CT-1088, stems from a wife’s lawsuit against various medical providers and facilities after her husband was killed by his grandson after numerous mental health treatments.
Betty and John Miller’s grandson, Zachary, was treated for mental illness at least five times over the course of a month before he was admitted to Community Howard Regional Hospital. Shortly after he was discharged, Zachary killed John, claiming he heard voices telling him to do so.
Betty sued multiple doctors and providers alleging negligent care, and she sought leave to amend her complaint to add a claim under the Emergency Medical Treatment and Active Labor Act. The Marion Superior Court denied Miller’s motion, finding the statute of limitations had run, and the Court of Appeals affirmed in November.
Miller filed a petition to transfer, which the high court will consider at 10 a.m. Wednesday.
Finally, the court will hear arguments in Roger D. Rotert v. Connie S. Stiles, 20A-TR-773, at 11 a.m. Wednesday. In that case, siblings Roger Rotert and Connie Stiles went to court over the terms of their mother’s trust.
The trust held that in the event Rotert was married at the time his mother died, his share of her property would be given to Stiles via a second trust. Rotert was married when his mother died, and the Jackson Circuit Court denied his motion for summary judgment claiming those terms were void as a restraint against marriage.
The Indiana Court of Appeals split in reversing judgment for Stiles, agreeing with Rotert that the provision was an impermissible restraint on marriage. Stiles is now seeking transfer.
All three oral arguments will be held in the Supreme Court’s Indiana Statehouse courtroom, but in-person attendance will be limited to the justices, court personnel and no more than two attorneys arguing per party. The arguments can be view via live webcast outside of the courtroom or online.
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