ILNews

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. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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