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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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