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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. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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