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Justices to weigh civil court rulings in criminal wrongful death case

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A Lake County civil case filed against a driver who hit a woman causing fatal injuries will go before the Indiana Supreme Court to determine whether the court’s preliminary motions delaying the case were proper.

Justices agreed to hear an interlocutory appeal in the wrongful death action Joseph D. Hardiman and Jaketa L. Patterson, as Co-Administrators of the Estate of Britney R. Meux, Deceased v. Jason R. Cozmanoff, 45S03-1309-CT-619. Britney Meux was jogging when she was hit by a car driven by Jason Cozmanoff, who was charged with 13 crimes including reckless homicide.

With the criminal case pending, Lake Superior Judge Diane Kavadias Schneider granted a stay of discovery in the civil case requested by Cozmanoff, who argued that requiring the civil case to proceed would infringe on his Fifth Amendment right against self-incrimination. The trial court also ordered Cozmanoff to answer the complaint within 30 days.

Both sides asked the Court of Appeals to review the trial court’s ruling, and the appellate panel issued a not-for-publication opinion in May that later was revised to a for-publication ruling. The panel concluded the discovery stay should be lifted and the civil litigation allowed to proceed.

The case is one of two appeals the Supreme Court added to its docket for the week ending Sept. 27. Justices also agreed to grant transfer in Gayle Fischer v. Michael and Noel Heymann, 49S02-1309-PL-620, in which the Court of Appeals reduced a damages award from almost $94,000 to $117 after a couple backed out of a condo purchase agreement in a dispute over needed electrical repairs.

The court declined transfer in 22 cases and vacated transfer in Indiana Newspapers, Inc. d/b/a The Indianapolis Star v. Jeffrey M. Miller, et al., 49S02-1305-PL-311. Justices in that case heard oral argument one day before issuing an order that let stand a trial court ruling ordering the Star to provide identifying information regarding an online commenter in a defamation case.

Complete transfer disposition lists may be viewed here.
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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