ILNews

High court takes 4 cases

IL Staff
June 29, 2010
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The Indiana Supreme Court granted four transfers June 24, including one in which the Indiana Court of Appeals extended the duty to prevent injury to sports participants to include sporting event volunteers.

The high court will hear Cassie E. Pfenning v. Joseph E. Lineman, Whitey's 31 Club, Inc., Marion Elks Country Club Lodge #195, and the Estate of Jerry A. Jones, No. 27A02-0905-CV-444. The Court of Appeals split in affirming that the defendants in injured teen Cassie Pfenning’s suit owed a duty to protect her from injury. Pfenning attended a golf scramble with her grandfather and was injured by a golf ball while working on a beverage cart.

The appellate court has previously held there is no duty from one participant in a sports activity to another to prevent injury resulting from inherent risk of the sport.

The majority extended the definition of participants from Geiersbach v. Frieje, 807 N.E.2d 114 (Ind. Ct. App. 2004), to include not only players, coaches, or players on the bench during the game, but also sporting event volunteers. Because the majority considered her a participant in the golf scramble, which had inherent risks, they ruled the defendants didn't owe her a duty.

The justices also took a case involving an inequity in the Grandparent Visitation Act. In In Re: Adoption of L.D.; A.B. and N.E. v. Jo.D and Ja.D., No. 49A02-0907-CV-671, the Court of Appeals noted a potential and presumably unintended bias in the act in which visitation is affected because of the lack of biological relationships between the parties in an adoption petition.

Paternal grandparents Jo.D. and Ja.D. adopted their adopted son’s child. The child was being taken care of by his mother’s co-worker, N.E., who later adopted the mother. N.E. wanted to continue visitation, but since she isn’t biologically related to the boy, she isn’t entitled to visitations under the act. If N.E. had been the one to adopt the boy, then the paternal grandparents wouldn’t have visitation rights either under the act, the appellate court ruled.

The Supreme Court also granted transfer to Curtis Outlaw v. State, No. 49S02-1006-CR-328; and Steven Marbley-El v. State, No. 71S03-1006-PC-329, and released opinions June 24.

The justices denied transfer to 23 other cases.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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