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COA reverses trial court in personal injury case

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The Indiana Court of Appeals has reversed a trial court’s denial of a motion to transfer, holding that Marion County is not a preferred venue for the case.

In Salsbery Pork Producers, Inc., Richard K. Wilson, Tipton Co. Commissioners, Tipton Co. Highway Department, Chad Bergin, State of Indiana, Indiana Department of Transportation v. Latina Booth, No. 49A02-1110-CT-983, Latina Booth filed a lawsuit in Marion County after she was seriously injured in a crash. The basis for filing in Indianapolis was that she named the state as a defendant, holding it had failed to properly maintain the Tipton County road where she was injured.

Booth was a passenger in Chad Bergin’s car, traveling along County Road 1100 in Tipton County. Richard K. Wilson was driving a tractor in the scope of his employment with Salsbery Pork Producers when he pulled onto the road and struck Bergin’s car.

Booth named Bergin, Wilson, Salsbery, the state and Tipton County as defendants in her negligence suit.

Tipton County filed a motion for change of venue, saying that only the county – not the state – had control over CR 1100, and therefore the case should be moved from Marion County. The trial court denied the motion, but the appellate court reversed that decision.

The COA held that the state should have been dropped from the case and that the preferred venue is Tipton County, where most of the defendants are located, and where the accident happened. But the appellate judges rejected the defendants’ claims that Booth’s decision to file in Marion County was in bad faith, because evidence of who controlled the county road surfaced only after the Tipton County defendants moved for transfer of venue. The case is remanded for proceedings consistent with the appellate court opinion.   

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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