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Arguments Thursday in infant sleeping death

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The Indiana Court of Appeals will hear arguments tomorrow in a negligence suit filed by parents after their infant died while sleeping on a couch with his mother.

In Alisha Harradon and William Kenneth Jones Jr. v. Kathy and Keith Schlamadinger, No. 75A03-0903-CV-114, parents Alisha Harradon and William Jones Jr. allege the Schlamadingers' negligence proximately caused the death of their 3-month-old son.

Harradon and Jones were staying overnight at the Schlamadingers' home; Harradon slept on the couch with the infant, who suffocated and died. The parents claim the Schlamadingers didn't provide an adequate place for the baby to sleep.

The trial court granted summary judgment for the Schlamadingers. The parents argue on appeal the couple owed a duty to their son and there is a genuine issue of material fact as to whether the Schlamadingers breached that duty.

Judges James Kirsch, Paul Mathias, and Patricia Riley will hear the arguments scheduled for 11 a.m. Thursday in the Indiana Court of Appeals courtroom. The arguments will be webcast on the COA's Web site.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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