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Justices to hear negligent design case

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The Indiana Supreme Court took three cases last week, including a lawsuit filed by a man rendered a quadriplegic after he fell out of a company truck while working for Richmond Power.

Anthony Wade sued Terex-Telelect Inc., claiming the double-man bucket attached to the company truck was negligently designed under the Indiana Products Liability Act. The jury allocated 100 percent fault to Wade for his fall out of the bucket. A split Court of Appeals believed Wade was prejudiced by the jury instruction as to rebuttable presumption because it was unsupported by relevant evidence, and the appellate court ordered a new trial.

The case is Anthony Wade v. Terex-Telect Inc., 29S05-1209-CT-557.

The justices took two other cases on transfer – In Re: The Visitation of M.L.B., K.J.R. v. M.A.B., 41S01-1209-MI-556; and In Re: Prosecutor’s Subpoena Regarding S.H. and S.C., S.H. v. State of Indiana, 73S01-1209-CR-563.

The Court of Appeals in M.L.B. affirmed in a not-for-publication decision the order granting grandfather M.A.B.’s petition for visitation rights as to M.L.B. Mother K.J.R. argued that the order exceeded the limitations of the Indiana Grandparent Visitation Act, among other arguments.

In S.H., the Court of Appeals relied on Indiana Supreme Court precedent to find a Shelby County prosecutor could compel parents to testify by proving use immunity. Parents S.H. and S.C. argued the prosecutor couldn’t grant use immunity because there were no grand jury proceedings and they hadn’t been charged with a crime.

The prosecutor sought to compel the parents’ testimony about the circumstances surrounding the birth of their child in 2010, as the baby showed signs of injury when the baby and mother went to the hospital after the home birth.

The justices denied transfer to 21 cases, including three appeals filed by Delmas Sexton II, who is serving a 65-year sentence for the felony murder of an Allen County man.
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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