ILNews

Justices grant 3 transfers, including dram shop case

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court has granted three transfers in three civil cases this week.

Transfers come in Michael M. Cubel v. Debra A. Cubel, No. 32A04-0605-CV-268, American Fire & Casualty Co. v. Direction in Design Inc., et al., No. 29A05-0511-CV-681, and Rebecca Shaw v. LDC Enterprises, et al., No. 29A05-0511-CV-681.

The Cubel appeal stems from a Hendricks County marriage dissolution case involving spousal maintenance and child support for college. In a memorandum opinion issued April 30, the Court of Appeals didn't find the court abused its direction on either issue but remanded to reconsider part of an order regarding the adult child's ability to contribute to her education.

In American Fire & Casualty, the justices will consider whether coverage for repair and replacement claims resulting from faulty workmanship existed under a commercial general liability policy issued to the custom-home designer business. The Court of Appeals in April affirmed the trial court's denial of summary judgment but remanded with instruction to try the contractual coverage issues and determine if American Fire should be estopped from denying coverage.

A third transfer comes in Shaw, a dram shop case from Fountain Circuit Court reversed by the Court of Appeals in March. The court held that Indiana law should apply to a complaint against a steakhouse owner in Illinois for an accident that happened in Indiana.

The owner moved to dismiss the counts on grounds that Illinois law should control the disposition of the action, and the trial court granted the motion. On appeal, the appellate court ruled, "The last event necessary to make LDC liable for its alleged wrong took place in Indiana with Kayla's death, and application of Illinois law would leave (mother Rebecca) Shaw without a remedy. The substantive law of Indiana therefore applies."
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  1. 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???

  2. 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

  3. 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

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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