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Justices uphold order criminal defendant answer civil complaint

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The Indiana Supreme Court Wednesday found a Lake Superior judge did not abuse her discretion in ordering a man criminally charged for the hit-and-run death of a woman to respond to her estate’s wrongful death complaint filed against him.

Britney Meux was jogging with co-workers when she was hit by a car on March 6, 2012. The driver, allegedly Jason R. Cozmanoff, fled the scene. Meux died from her injuries and Cozmanoff was charged with one count of Class C felony reckless homicide and other charges. A few weeks later, Meux’s estate sued him for wrongful death. The discovery process began April 27 in the civil suit.

Coxmanoff moved to stay the entire civil proceeding until his criminal case concluded. He was concerned that if he asserted the Fifth Amendment it would be used against him before the civil jury; if he were to respond to discovery, that information could be used against him during his criminal trial.

The estate countered that the criminal proceeding could drag on beyond the two-year statute of limitations for identifying other potential tortfeasors who must be joined to the suit.

Lake Superior Judge Diane Kavadias Schneider granted a limited stay of discovery regarding only Cozmanoff and ordered him to answer the complaint within 30 days.

In 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, the justices affirmed Schneider’s decision, noting that their ruling doesn’t mean the trial court was constitutionally required to impose the stay, but that it did not abuse its discretion by doing so.

They found the civil court was appropriately protecting its own calendar and judicial resources by ordering the case to continue. And, Justice Mark Massa pointed out that the estate would have at least 45 days to join any nonparty as a defendant because Indiana law requires Cozmanoff plead any nonparty defense at least 45 days before the statute of limitations expires.

“Non-parties do have an interest in being promptly discovered and joined in the action, but that interest can still be served under this limited stay. Although the Estate may not be able to learn the identity of those nonparties by deposing Cozmanoff, it is still free to do so by conducting other discovery, or by investigating outside the context of formal discovery. Thus, the stay does not entirely prevent the Estate from pursuing its case,” Massa wrote.

The fact that both cases concern identical issues weighs strongly in favor of this limited stay, as the cases turn on the same three issues: whether Cozmanoff hit Meux with his car, whether he was reckless when he did so, and whether his action caused her death.

The justices also found Kavadias Schneider’s decision to stay discovery against Cozmanoff but still require him to file an answer is not unprecedented.

The case is remanded for further proceedings.  

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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