ILNews

Justices to weigh civil court rulings in criminal wrongful death case

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

  2. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  3. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  4. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  5. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

ADVERTISEMENT