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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. 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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