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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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