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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. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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