ILNews

Justices to hear 2 cases Thursday

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court will consider two cases Thursday morning. One looks at the line between estate plans and wills, while the other involves a motorist's lawsuit against a county for not removing a tree in the road after a storm.

Justices will first hear arguments at 9 a.m. in the case In re Guardianship of E.N., Adult, which comes out of the Washington Circuit Court. The trial court approved an estate plan submitted by a protected person's adult children in their capacity as co-guardians, even though that plan effectively nullified a previous will that specifically disinherited the children. The Court of Appeals affirmed the decision in August.

The second arguments at 9:45 a.m. are in Marvin Hochstetler v. Elkhart County Highway Department, Elkhart County Sheriff's Department, and Elkhart County Commissioners, involving a motorist who struck a fallen tree on a county road after a storm and sued the county departments and officials for negligence. The Elkhart Superior Court entered summary judgment in favor of the defendants, but the Court of Appeals reversed in October after concluding the material issues of fact remain as to whether the county is immune under the Indiana Tort Claims Act. That provides governmental defendants immunity from liability if the loss resulted from a temporary condition of a public thoroughfare resulting from weather.
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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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