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Justices to hear negligent design case

October 1, 2012

The Indiana Supreme Court took three cases last week, including a lawsuit filed by a man rendered a quadriplegic after he fell out of a company truck while working for Richmond Power.

Anthony Wade sued Terex-Telelect Inc., claiming the double-man bucket attached to the company truck was negligently designed under the Indiana Products Liability Act. The jury allocated 100 percent fault to Wade for his fall out of the bucket. A split Court of Appeals believed Wade was prejudiced by the jury instruction as to rebuttable presumption because it was unsupported by relevant evidence, and the appellate court ordered a new trial.

The case is Anthony Wade v. Terex-Telect Inc., 29S05-1209-CT-557.

The justices took two other cases on transfer – In Re: The Visitation of M.L.B., K.J.R. v. M.A.B., 41S01-1209-MI-556; and In Re: Prosecutor’s Subpoena Regarding S.H. and S.C., S.H. v. State of Indiana, 73S01-1209-CR-563.

The Court of Appeals in M.L.B. affirmed in a not-for-publication decision the order granting grandfather M.A.B.’s petition for visitation rights as to M.L.B. Mother K.J.R. argued that the order exceeded the limitations of the Indiana Grandparent Visitation Act, among other arguments.

In S.H., the Court of Appeals relied on Indiana Supreme Court precedent to find a Shelby County prosecutor could compel parents to testify by proving use immunity. Parents S.H. and S.C. argued the prosecutor couldn’t grant use immunity because there were no grand jury proceedings and they hadn’t been charged with a crime.

The prosecutor sought to compel the parents’ testimony about the circumstances surrounding the birth of their child in 2010, as the baby showed signs of injury when the baby and mother went to the hospital after the home birth.

The justices denied transfer to 21 cases, including three appeals filed by Delmas Sexton II, who is serving a 65-year sentence for the felony murder of an Allen County man.
 

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