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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. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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