ILNews

Justices to hear 2 cases Thursday

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT