Opinions

Indiana Supreme Court
Richard
Patrick Wilson and Billy Don Wilson v. Gene Isaacs, Sheriff of Cass County, and Brad Craven
09S05-1003-CV-149
Civil. Reverses grant of summary judgment as to the plaintiffs’ liability claims against the sheriff for the conduct
of Deputy Brad Craven. Affirms summary judgment for claims against Craven personally. Holds that a law enforcement officer's
use of force in excess of the reasonable force authorized by statute is not shielded from liability under the "enforcement
of a law" immunity provided in Indiana Code § 34-13-3-3(8) and that genuine issues of fact exist, precluding summary
judgment. Chief Justice Shepard dissents without opinion.

7th Circuit Court of Appeals

Lincoln National Life Insurance Co. v. Peter S. Bezich, individually and on behalf of a class of others similarly situated
10-8013
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen
Civil. Remands to state court. Concludes Bezich’s claim “relates to the rights, duties, … and obligations relating to or created by or pursuant to … [a] security,” as defined in the 1933 Act, therefore the District Court has no jurisdiction.

Indiana Court of Appeals
Douglas
Covey v. State of Indiana
30A01-0906-CR-311
Criminal. Affirms convictions of dealing in methamphetamine as a Class A felony, possession of methamphetamine as a Class
B felony, possession of methamphetamine as a Class B felony, possession of marijuana as a Class A misdemeanor, and possession
of paraphernalia a Class A misdemeanor. The state presented sufficient evidence to prove that Crosby lived in an “apartment
complex” and thus Covey delivered the methamphetamine and possessed the methamphetamine in or within 1,000 feet of a
“family housing complex.” Because Covey never placed the mitigating factors of Indiana Code Section 35-48-4-16(b)
at issue, the trial court did not commit fundamental error by not instructing the jury on those mitigating factors.

Indiana Supreme Court
Indiana
Patient's Compensation Fund v. Gary Patrick
49S02-0909-CV-402
Civil. Reverses finding that the Adult Wrongful Death Statute applied to Patrick’s claim as personal representative
of his son’s estate and award to Patrick for his emotional distress claim. Because damages for emotional distress aren’t
available under the Adult Wrongful Death Statute, a parent can’t bring a derivative claim seeking such damages under
the Medical Malpractice Act.

7th Circuit Court of Appeals
Medical
Assurance Co., Inc. v. Amy Hellman, et al.
08-2887
U. S. District Court, Northern District of Indiana, Hammond Division, Judge Allen Sharp.
Civil. Medical Assurance appealed the District Court’s stay on the company’s declaratory judgment action. The
company asked the court to declare that Dr. Mark Weinberger breached his contract obligations when he disappeared while on
vacation and hasn’t been participating in his defense in more than 350 medical malpractice claims.

Indiana Court of Appeals
Philip
Cleer v. State of Indiana
49A02-0912-CR-1193
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with a blood alcohol content between 0.08 and 0.15.
Cleer didn’t establish that the operation of a sobriety checkpoint violates the separation of powers provision of the
Indiana Constitution.

Indiana Supreme Court
Christine
Dugan v. Mittal Steel, USA, Inc., et al.
45S05-1002-CV-121
Civil. Affirms summary judgment for Mittal Steel USA and Jay Komorowski. Of the two alleged occasions of defamation per se
at issue, the one asserted in paragraph 7 of Dugan’s complaint does not constitute defamation per se. Although the statement
alleged in paragraph 6 of the complaint qualifies as defamation per se, there is no genuine issue of fact undermining the
defendants' claim of qualified privilege.

Indiana Court of Appeals
Russel
Howard v. American Family Mutual Insurance Co.
87A01-0910-CV-512
Civil. Reverses grant of American Family’s motion to substitute the underinsured driver as the sole defendant at trial
in Howard’s suit following an accident. Indiana law does not allow the underinsured driver’s substitution as a
nominal defendant in these circumstances.

Indiana Court of Appeals
M.T.
v. State of Indiana
49A04-0908-JV-484
Juvenile. Reverses modification of probation and commitment to the Department of Correction. The state presented no evidence
of the probation violations it alleged and the state violated M.T.’s due process rights.

Indiana Court of Appeals
Jeffrey D. Boggs v. State of Indiana

40A01-0907-CR-346
Criminal. Affirms convictions of and 40-year sentence for Class B felony attempted dealing in methamphetamine, two counts
of Class C felony possession of a precursor while in possession of a firearm, Class D felony possession of methamphetamine,
Class A misdemeanor possession of marijuana, and finding that Boggs is a habitual offender. The police officer had a legitimate
reason for being on Boggs’ property and didn’t move anything to observe the gas tank inside of Boggs’ car.
The state presented sufficient evidence to prove the identity of the substances found and to support the habitual offender
finding. Remands for the trial court to correct the sentencing order.

Indiana Court of Appeals
Ronald
D. Dean v. Kristine M. Weaver
20A03-1001-MI-9
Civil. Affirms order denying Dean's motion seeking collection of his expert-witness fees from Weaver. The Indiana trial
court which had acquired restrictive jurisdiction pursuant to Indiana Trial Rule 28(E) to conduct ancillary discovery proceedings
lacks the jurisdiction to reopen the cause and hear Dean’s motion on the payment of his fees.

Indiana Court of Appeals

Larz
A. Elliott v. Rush Memorial Hospital, et al.
70A01-0911-CV-553
Civil. Affirms dismissal of Larz Elliott’s proposed medical malpractice complaint against Rush Memorial Hospital, Carrie
Tressler, and Dr. Philip Kingma. Elliott had alleged battery and negligence with respect to the forced catheterization to
retrieve a urine sample after a Rush County sheriff’s deputy transported him to Rush Memorial Hospital and represented
a court order at the hospital to retrieve a blood sample and a urine sample. Finds trial court erred in concluding that the
defendants enjoy complete statutory immunity from any civil liability related to his claims of battery and negligence, but
also finds Elliot’s claims fall outside the parameters of the Medical Malpractice Act because he was not a “patient”
of the defendants, and that his catheterization clearly was not for his own medical benefit.

Indiana Supreme Court
Walker
Whatley v. State of Indiana
49S02-0908-CR-379
Criminal. Affirms Whatley’s conviction of and sentence for Class A felony dealing in cocaine because he was arrested
within 1,000 feet of a church that provided services to youth on a regular basis. A jury could properly find that the nearby
church was a “youth program center” because it provided a building or structure that on a regular basis offered
recreational, social, or other programs or services for persons less than 18 years of age. Justices Boehm and Rucker dissent.

Indiana Supreme Court
Lisa
M. Beckingham v. Review Board of the Indiana Dept. of Workforce Development and Cenveo Corporation

93S02-0907-EX-308
Civil. Reverses and remands judgment of the Review Board, which denied Beckingham’s unemployment benefits for violating
her employer’s no-fault attendance rule due to cases of personal illness, illness of her children, and various difficulties
involving daycare.

7th Circuit Court of Appeals
Tracey Wallace
and Eric Wallace v. Jonathan S. McGlothan
07-4059
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry J. McKinney
Civil. Affirms jury verdict in favor of and damages in the amount of $700,000 to the Wallaces following their diversity suit
against Dr. McGlothan. The Wallaces sued Dr. McGlothan for medical malpractice following surgery he performed on Tracey Wallace
to correct her vision problems. The procedure ended up causing more harm than good.