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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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