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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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