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Opinions Sept. 25, 2013

September 25, 2013
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Indiana Court of Appeals
Steven Harper and Rose Harper as Co-Personal Representatives of the Estate of Steven Harper, Deceased v. Gerry Hippensteel, M.D.
42A04-1302-MI-95
Miscellaneous/medical malpractice. Affirms trial court grant of summary judgment in favor of Dr. Gerry Hippensteel, concluding that he did not owe a duty to Steven Harper Jr. on the basis of a Collaborative Practice Agreement the doctor signed with a nurse practitioner who provided care. Because Hippensteel took no affirmative action with regard to Harper, he is entitled to summary judgment because no doctor-patient relationship existed or was imposed by the agreement.

Robert Fechtman, as Guardian of the Estate of Roberto Hernandez v. United States Steel Corporation, Zurich North America
45A04-1209-CT-474
Civil tort. Affirms jury findings in awarding damages of $4.65 million to the estate of Hernandez, who suffered carbon monoxide poisoning as a contractor working at the U.S. Steel plant in Gary, and its determination that U.S. Steel was 15 percent at fault, resulting in a judgment of $698,668 against U.S. Steel. Rejects Zurich North America’s cross-claim as moot. The trial court did not err in refusing to provide Hernandez’s tendered jury instruction regarding strict liability for an abnormally dangerous activity.

In the Matter of the Involuntary Term. of the Parent-Child Rel. of D.P., Minor Child, and her Father, D.P.; D.P. v. Indiana Dept. of Child Services and Child Advocates, Inc.

49A02-1303-JT-245
Juvenile. Reverses termination of parental rights, finding that Father D.P’s due process rights were violated when a judge ruled on findings of fact prepared by a new magistrate who prepared findings based on the results of a hearing conducted by a magistrate who resigned. Remands to the juvenile court for a new evidentiary hearing.

In Re The Marriage of: David L. Fendley v. Misty L. Converse f/k/a Misty L. Fendley (NFP)
20A05-1212-DR-662
Domestic relation. Reverses former husband David Fendley’s motion to set aside a judgment against him for $128,104, holding that a prior agreement between him and ex-wife Misty Converse abated his obligation in 1994.

Brian L. Marchand v. State of Indiana (NFP)
87A01-1209-CR-431
Criminal. Affirms on interlocutory appeal two orders denying Brian Marchand’s motions for discharge under Indiana Criminal Rule 4(C).

Brian McGill v. State of Indiana (NFP)
49A02-1211-CR-934
Criminal. Affirms conviction of Class B felony aggravated battery and finding of habitual offender.

Indiana Surpeme Court and Indiana Tax Court issued no opinions by IL deadline. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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