SEPTEMBER 2002 SITTING

OF THE INDIANA SUPREME COURT



Thursday, September 19

9:00 a.m.     Wernle, Ristine & Ayres v. Janice Yund and the Kroger Company

Attorney James Ayers represented Janice Yund before the Worker’s Compensation Board. Ayers then petitioned the Board for an order requiring Yund to pay from settlement proceeds the fees of Dr. Nash, a physician Ayers retained to examine Yund and testify at the hearing. The Board denied Ayers’ request, entering an order stating that Yund shall pay none of Dr. Nash’s fees. The Court of Appeals affirmed. The Supreme Court granted transfer, vacating the Court of Appeals reported at Wernle, Ristine & Ayers v. Yund, 758 N.E.2d 558 (Ind. Ct. App. 2001) and the opinion on rehearing reported at 764 N.E.2d 716 (Ind. Ct. App. 2002).

            Attorney for Wernle, Ristine & Ayres
            James E. Ayers

            Attorney for Worker’s Compensation Board
            G. Terrence Coriden
            David L. Steiner


Thursday, September 19

9:45 a.m.    Phyllis Milledge v. The Oaks, A Living Center
Milledge injured her ankle in her employer's parking lot before beginning work. The Worker’s Compensation Board denied benefits, and the Court of Appeals affirmed. See Milledge v. The Oaks, a Living Center, 764 N.E.2d 230 (Ind. Ct. App. 2002). The Supreme Court has granted transfer, vacating the opinion of Court of Appeals, and has assumed jurisdiction over this appeal. One issue raised is whether Milledge’s injury arose out of her employment.

                    Attorney for Milledge
                    Ronald James

                    Attorney for Oaks
                    Robert Woods




Wednesday, September 25

9:00 a.m.     Mark R. Passmore v. Lee Alan Bryant Health Care Facilities, Inc.
Plaintiff asserts that his mother, a nursing home resident, was assaulted by an employee, who had formerly been employed by Defendant. Plaintiff alleges that Defendant gave an inaccurate employment recommendation for the employee to the nursing home. The Parke Circuit Court granted summary judgment to Defendant, and the Court of Appeals affirmed. See Passmore v. Lee Alan Bryant Health Care Facilities, Inc., 765 N.E.2d 625 (Ind. Ct. App. 2002). Plaintiff has petitioned the Supreme Court to grant transfer and assume jurisdiction over this appeal.

        Attorney for Passmore
        James Fisher
        Indianapolis, IN        

        Attorney for Lee Alan Bryant Health Care Facilities
        Janet McSharar
        Indianapolis, IN
                
        

Wednesday, September 25

9:45 a.m.     Apple Glen Crossing, LLC v. Trademark Retail, Inc.
In this action between business associates for breach of contract, the Allen Superior Court entered a preliminary injunction enjoining one party from terminating the other party as manager of a project. The Court of Appeals affirmed in Apple Glen Crossing v. Trademark Retail, 760 N.E.2d 1109 (Ind. Ct. App. 2001). The Supreme Court has granted the petition to transfer jurisdiction, vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal

                Attorney for Apple Glen Crossing
                Gene R. Leeuw
                Indianapolis, IN

                Attorney for Trademark Retail, Inc.
                Edward L. Murphy, Jr.
                Fort Wayne, IN


Wednesday, September 25

10:30 a.m.     Loretta Baca v. New Prime, Inc., Prime, Inc. and Independent Contractor Operators of Springfield.
After plaintiff was injured while riding in a truck driven by her husband, she sued her husband’s employer. The Wayne Superior Court granted summary judgment to the employer, and the Court of Appeals affirmed, holding that the claim was barred by Indiana’s “Guest Statute.” See Baca v. New Prime, Inc., 763 N.E.2d 1014 (Ind. Ct. App. 2002). The Supreme Court has granted transfer, vacating the opinion of Court of Appeals, and has assumed jurisdiction over this appeal. One issue is whether Indiana law applies.

                Attorney for Baca
                Richard J. Dick
                Indianapolis, IN

                Attorney for New Prime, Inc and Prime, Inc
                Richard A. Young
                Indianapolis, IN