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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. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

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