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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. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. 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.

  4. 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!!

  5. @ 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.

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