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Opinion invites high court to reconsider decision

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The Indiana Court of Appeals invited the Indiana Supreme Court to revisit its ruling that held only children born alive fall under Indiana's Child Wrongful Death Statute. In a decision today, the majority of the appellate court panel felt bound by the high court's previous ruling.

At issue in Savannah Linley Ann Nelson Ramirez, An Individual Under the Child Wrongful Death Act, By Her Father, Stephan Ramirez v. James A. Wilson and Suzy-Q Trucking, LLC, No. 56A04-0806-CV-356, is whether a 9-month-old fetus should be considered a child under the statute. The mother of Savannah died in a car accident as a result of a car accident with James Wilson. The baby died in utero.

Ramirez filed a complaint under the statute alleging Wilson's negligence caused his daughter's death. The trial court granted Wilson's motion for partial summary judgment because the statute isn't applicable because Savannah wasn't born alive. The trial court ruled it was bound to grant the partial summary judgment by the Supreme Court's decision in Bolin v. Wingert, 764 N.E.2d 201 (Ind. 2002).

Ramirez argues on appeal that a full-term and viable fetus should be considered a child under the Child Wrongful Death Statute. But in Bolin, the high court ruled a 10-week-old fetus didn't constitute a child under the statute and that the legislature only intended for babies born alive to be covered.

Even though the circumstances between Bolin and the instance case are different, Judges L. Mark Bailey and Cale Bradford affirmed the grant of partial summary judgment, citing the precedent set by the Supreme Court in Bolin. However, the majority urged the high court to reconsider the scope of their earlier ruling based on the circumstances of this case that perhaps Savannah could have lived had there been a prompt Cesarean section performed, wrote Judge Bailey.

But Judge Patricia Riley dissented, writing that exceptions can be made to stare decisis, such as when the reasoning of a precedent is patently flawed.

"In my opinion, Bolin represents a fallacy and no longer has any contemporary relevance. Judicial honesty dictates corrective action," she wrote.

Citing two cases decided by the Supreme Court on the issue of unborn children's rights, Judge Riley wrote Indiana courts were focused on protecting the rights of the unborn until the Bolin decision came in 2002. The judge also cited Horn v. Hendrickson, 824 N.E.2d 290 (Ind. Ct. App. 2005), in which the appellate court affirmed a mother couldn't file suit under the statute following the death of her six-month-old fetus after a car accident. That ruling also invited the high court to reconsider the Bolin opinion.

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  1. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  2. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  5. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

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