ILNews

COA to hear arguments at 2 universities

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT