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Justices accept 2 civil cases

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Two civil cases got the go ahead from the Indiana Supreme Court this week to move up for consideration by the state's justices.

During its weekly conference on Thursday, the justices granted transfer in the cases Suzanne Eads, et al. v. Community Hospital, No. 45A03-0807-CV-350, and Sheehan Construction Co., et al. v. Continental Casket Co., et al., No. 49A02-0805-CV-420.

The Eads case involves the issue of whether the Journey's Account Statute applied to a woman's medical malpractice claim filed after the statute of limitations expired. A split Indiana Court of Appeals last year affirmed summary judgment in favor of the hospital in Eads' medical malpractice claim that resulted from a fall in the hospital while using crutches. Eads was in the hospital for an ankle injury and asked for a wheelchair to exit the hospital; personnel refused and gave her crutches. She fell in a foyer area and injured her back and left hand. Justices will decide how the Journey's Account Statute applies in a medical malpractice case that follows an underlying negligence claim against the hospital where a plaintiff was injured.

In Sheehan, the Court of Appeals last year affirmed a Marion Superior Court decision to enter summary judgment in favor of insurers and an insurance broker. The case involves a group of homeowners who alleged their homes were negligently constructed by Sheehan's subcontractors. Though the parties settled for about $2.8 million, that sparked a coverage issue relating to Sheehan's comprehensive general liability policy and whether the company should be indemnified. Ultimately, Sheehan asked the justices to take up the issue, which involves disputes about what coverage, if any, is provided by commercial general liability insurance policies after allegedly faulty workmanship by a subcontractor. Justices heard arguments Thursday morning and granted transfer later in the day.

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  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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