ILNews

Justices to hear compulsive gambling case

Jennifer Nelson
January 1, 2009
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The Indiana Supreme Court will hear arguments in three cases Thursday, including a suit in which a woman claims a casino took advantage of her gambling addiction.

Arguments begin at 9 a.m. in Caesars Riverboat Casino LLC v. Genevieve Kephart, No. 31S01-0909-CV-303. Caesars originally filed a suit against Genevieve Kephart after she failed to repay a gambling debt. The casino sought repayment, treble damages, and attorney fees. But Kephart counterclaimed, arguing the casino unjustly enriched itself because it knew she had a pathological gambling problem.

The trial court denied Caesars' motion to dismiss her counterclaim and on interlocutory appeal, a split Indiana Court of Appeals reversed in the matter of first impression. The appellate court held Kephart didn't have a private cause of action against the casino under the circumstances of the case, and that casinos don't have a common law duty to protect compulsive gamblers from themselves.

In his dissent, Judge Terry Crone believed a common law duty should be imposed because of the casino's conduct in luring Kephart to the casino with freebies, and because it knew of her condition, it could have excluded her from any marketing efforts.

At 9:45 a.m., the justices will hear Ford Motor Co. and TRW Vehicle Safety Systems, Inc. v. Sally J. Moore, No. 73S05-0909-CV-404, a suit alleging product liability negligence against Ford Motor Co. and TRW Vehicle Safety Systems. The jury returned a verdict assigning fault among Daniel Moore, Ford, TRW, and nonparty Goodyear, which resulted in damage judgments against Ford and TRW. Sally Moore brought the suit following the death of Daniel, who was ejected from his Ford Explorer after his car blew a tire, even though he was wearing a properly fastened seatbelt made by TRW.

The appellate court reversed the jury verdict because the estate didn't present sufficient evidence to establish its claim. Judge Patricia Riley dissented, believing the estate had sufficient evidence from which a reasonable jury could have concluded a safer and feasible alternative to the conventional seatbelt was available that would have cost-effectively improved aggregate safety in all types of crashes.

Finally, at 10:30 a.m. the high court will hear Indiana Patient's Compensation Fund v. Gary Patrick, No. 49S02-0909-CV-402. The trial court entered a judgment allowing Gary Patrick, the father of a patient who died as a result of medical malpractice, to collect from the Patient's Compensation Fund for damages under the Adult Wrongful Death Statute, and for damages attributable to his own claim for negligent infliction of emotional distress under the "bystander rule."

The Court of Appeals affirmed, ruling Patrick's asserting for damages as a bystander was pursuant to Groves v. Taylor, 729 N.E.2d 569 (Ind. 2000), and because he dealt with the aftermath of the malpractice, he was able to bring an independent claim for damages for emotional distress in conjunction with his claim under the Adult Wrongful Death Statute.

The oral arguments will be webcast live and a link will be available two minutes prior to the start time of an argument. The links may be accessed by going to http://www.in.gov/judiciary, and clicking on the case name on the right side of the page under "Upcoming live webcasts."
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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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