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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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