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Justices to hear arguments at Bloomington law school

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The Indiana Supreme Court travels to Bloomington Monday to hear arguments in the case of a teenage girl who was injured by a golf ball while driving the beverage cart at a golf outing.

Arguments begin at noon in the Moot Courtroom at Indiana University Maurer School of Law, 211 S. Indiana Ave., for Cassie E. Pfenning v. Joseph Lineman, et al., No. 27S02-1006-CV-331. Cassie Pfenning was 16 years old when she attended a golf scramble with her grandfather, Jerry Jones, to work a beverage golf cart. Jones ended up playing in the scramble, so he left Pfenning in the care of his sister. The two were in the golf cart without a roof or windshield when Joseph Lineman's golf ball flew more than 70 yards before hitting Pfenning in the mouth, causing severe injuries to her teeth, mouth, and jaw.

Judges Carr Darden and Melissa May affirmed summary judgment for the defendants, which included the club, promoters, and Pfenning’s grandfather, ruling that the defendants didn’t have a duty to protect the teen from injury; weren’t negligent in their supervision of her; and there wasn’t a breach of duty of reasonable care under premises liability. The majority also extended the definition of participants from Geiersbach v. Frieje, 807 N.E.2d 114 (Ind. Ct. App. 2004), to include not only players, coaches, or players on the bench during the game, but also sporting event volunteers.

Judge James Kirsch dissented because he believed that since Pfenning was on the property as a business invitee, the golf club had a duty of care; he also found her grandfather owed her a duty of reasonable care because she was entrusted into his care during the tournament. Judge Kirsch declined to extend the ruling in Geiersbach to include the facts of this case.

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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