ILNews

Justices to hear compulsive gambling case

Jennifer Nelson
January 1, 2009
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Supreme Court will hear arguments in three cases Thursday, including a suit in which a woman claims a casino took advantage of her gambling addiction.

Arguments begin at 9 a.m. in Caesars Riverboat Casino LLC v. Genevieve Kephart, No. 31S01-0909-CV-303. Caesars originally filed a suit against Genevieve Kephart after she failed to repay a gambling debt. The casino sought repayment, treble damages, and attorney fees. But Kephart counterclaimed, arguing the casino unjustly enriched itself because it knew she had a pathological gambling problem.

The trial court denied Caesars' motion to dismiss her counterclaim and on interlocutory appeal, a split Indiana Court of Appeals reversed in the matter of first impression. The appellate court held Kephart didn't have a private cause of action against the casino under the circumstances of the case, and that casinos don't have a common law duty to protect compulsive gamblers from themselves.

In his dissent, Judge Terry Crone believed a common law duty should be imposed because of the casino's conduct in luring Kephart to the casino with freebies, and because it knew of her condition, it could have excluded her from any marketing efforts.

At 9:45 a.m., the justices will hear Ford Motor Co. and TRW Vehicle Safety Systems, Inc. v. Sally J. Moore, No. 73S05-0909-CV-404, a suit alleging product liability negligence against Ford Motor Co. and TRW Vehicle Safety Systems. The jury returned a verdict assigning fault among Daniel Moore, Ford, TRW, and nonparty Goodyear, which resulted in damage judgments against Ford and TRW. Sally Moore brought the suit following the death of Daniel, who was ejected from his Ford Explorer after his car blew a tire, even though he was wearing a properly fastened seatbelt made by TRW.

The appellate court reversed the jury verdict because the estate didn't present sufficient evidence to establish its claim. Judge Patricia Riley dissented, believing the estate had sufficient evidence from which a reasonable jury could have concluded a safer and feasible alternative to the conventional seatbelt was available that would have cost-effectively improved aggregate safety in all types of crashes.

Finally, at 10:30 a.m. the high court will hear Indiana Patient's Compensation Fund v. Gary Patrick, No. 49S02-0909-CV-402. The trial court entered a judgment allowing Gary Patrick, the father of a patient who died as a result of medical malpractice, to collect from the Patient's Compensation Fund for damages under the Adult Wrongful Death Statute, and for damages attributable to his own claim for negligent infliction of emotional distress under the "bystander rule."

The Court of Appeals affirmed, ruling Patrick's asserting for damages as a bystander was pursuant to Groves v. Taylor, 729 N.E.2d 569 (Ind. 2000), and because he dealt with the aftermath of the malpractice, he was able to bring an independent claim for damages for emotional distress in conjunction with his claim under the Adult Wrongful Death Statute.

The oral arguments will be webcast live and a link will be available two minutes prior to the start time of an argument. The links may be accessed by going to http://www.in.gov/judiciary, and clicking on the case name on the right side of the page under "Upcoming live webcasts."
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

ADVERTISEMENT