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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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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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