High court grants, vacates transfers

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer to a case regarding whether the Indiana Patient's Compensation Fund can introduce evidence of liability on an action seeking excess damages. The court also vacated a transfer in a case that involves an amendment to charging information that happened after the omnibus date.

The court granted transfer to Jim Atterholt, Commissioner of the Indiana Department of Insurance, as Administrator of theIndiana Patient's Compensation Fund v. Geneva Herbst, personal representative of the estate of Jeffrey A. Herbst, deceased, No. 49A04-0702-CV-106. At issue is whether the Indiana Patient's Compensation Fund should have been allowed to argue that Jeffery Herbst had little chance of survival even absent any malpractice on the part of his healthcare providers. The estate countered that because the healthcare providers settled with the estate on its medical malpractice claim, the fund, by operation of statute, can't argue liability or causation and can only argue the amount of damages. The trial court granted partial summary judgment in favor of the estate, which the Indiana Court of Appeals affirmed.

The Indiana Supreme Court granted transfer to Michael Hill v. State of Indiana, No. 49S02-0804-CR-190, in April, but determined the transfer was improvidently granted after hearing arguments Thursday. Michael Hill appealed the trial court allowance of the state to amend charging information to add a count of attempted sexual misconduct with a minor against Hill after the omnibus date. The Indiana Court of Appeals ruled the trial court didn't err by allowing it; however, the state didn't present sufficient evidence to convict Hill on the charge, so it remanded to the trial court to vacate the conviction of attempted sexual misconduct with a minor.

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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...