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COA to hear arguments at 2 universities

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The Indiana Court of Appeals hits the road Tuesday and Wednesday to hear arguments at two universities involving a negligence suit against a hospital and nurse and whether a casino can ban someone after he's been kicked out.

Judges L. Mark Bailey, Terry Crone, and Margret Robb will visit DePauw University in Greencastle Tuesday to hear arguments in a Marion Superior negligence case against a nurse and Indiana University. In George A. Scott v. Malissa Elizabeth Retz, R.N., and Indiana University, No. 49A05-0904-CV-192, George Scott sued Malissa Retz and Indiana University alleging negligence and negligence by reason of respondeat superior and negligent retention. Scott, a Clarian Health Partners' Safety and Security Investigator, was hit by an uncapped, used syringe while investigating missing narcotics at Indiana University Hospital in Indianapolis.

Scott appeals the grant of Retz's and the university's motion for summary judgment; I.U. cross appeals the striking of part of an affidavit that contained a statement alleged to be hearsay. Arguments begin at 10 a.m. in the Walden Inn and Conference Center, 2 W. Seminary St., Greencastle.

On Wednesday, Judges L. Mark Bailey, James Kirsch and Edward Najam travel to Indiana University - Southeast in New Albany to hear a suit in which Thomas Donovan sued Grand Victoria Casino & Resort after being excluded from the casino because he was allegedly counting cards while playing blackjack. He appeals the summary judgment ruling for the casino, arguing that Indiana law requires the casino to allow him to play blackjack there. The casino claims because it is a privately owned entity, it can exclude any patron. Arguments for Thomas P. Donovan v. Grand Victoria Casino & Resort, No. 49A02-0903-CV-259, begin at 1:30 p.m. in the Hoosier Room East, University Center North, 4201 Grant Line Road, New Albany.

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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