ILNews

Supreme Court grants 3 transfers

Jennifer Nelson
January 1, 2007
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The Indiana Supreme Court has granted transfer in three cases - David Michael Green v. State of Indiana; Beth Palmer Kopczynski and Alisha Palmer v. David B. and Peggy L. Barger; and Richard U. and Delores J. Pflanz v. Merrill Foster, et al.

In Green v. State, 45A05-0612-CR-708, Green appealed his conviction and sentence for two counts of felony murder, claiming his victim's death was out of self-defense and an accident. The Court of Appeals affirmed the state presented sufficient evidence to prove Green did not murder his victim, who was pregnant, out of self-defense and accident.

Green also appealed the admission of his pretrial statement to police and argued the imposition of consecutive sentences was inappropriate. The Court of Appeals affirmed the trial court finding that Green's statement to police would be admissible because he had not been charged with a crime at the time of the statement nor was he engaged in plea negotiations. The Court of Appeals also ruled Green's consecutive sentence was appropriate because of the nature of the crime and multiple victims.

In Beth Palmer Kopczynski and Alisha Palmer v. David B. and Peggy L. Barger, 88A05-0612-CV-703, Kopczynski and her minor daughter, Alisha, appealed the trial court grant of summary judgment in favor of the Bargers on their claims for negligence and premises liability, which the Court of Appeals affirmed. The Palmers claimed there was a genuine issue of material fact as to whether the Bargers were negligent in letting Alisha play unsupervised on their trampoline, as well as the Bargers should be liable for Alisha's knee injury while on the trampoline because it was an attractive nuisance.

The Court of Appeals affirmed the summary judgment because Alisha was invited to play on the trampoline by the Bargers' young son, who lacked the authority to invite her to play on it. Alisha was determined to be trespassing when she came on the Bargers' property to play on the trampoline, and there is no evidence of willful or wanton conduct by the Bargers.

On their attractive nuisance claim, the Court of Appeals ruled the Palmers failed to show any evidence establishing the trampoline was particularly dangerous to children and that they would not comprehend the danger, nor did they show any evidence that the Bargers knew children may trespass on their property and be injured by the trampoline.

In Richard U. and Delores J. Pflanz v. Merrill Foster, et al., 36A01-0412-CT-36, the Court of Appeals affirmed the trial court decision to dismiss the Pflanzes' action for failure to state a claim upon which relief may be granted. The Pflanzes appealed, claiming the trial court erred in determining they did not bring their claim within the applicable statute of limitations.

The Pflanzes purchased Foster's property, where he used to own a Sunoco gas station, and ran a Big O Tires of Seymour on the site. The Pflanzes claim they never knew there were any environmental issues with the site when the Indiana Department of Environmental Management discovered underground storage tanks were causing contamination. The Pflanzes brought a suit against Foster, alleging waste and negligence and sought contribution, attorney fees, and cost for environmental liability; the Pflanzes spent more than $100,000 to clean the site.

The Pflanzes purchased the property in 1978 and the contamination was not discovered until 2001. They argue that the applicable 10-year statute of limitations did not begin until the discovery of contamination or payment of remediation. The Indiana Supreme Court previously ruled that Indiana Code 13-23-13-8, which allows a plaintiff to receive contribution from a previous owner or operator of underground storage tanks if a release occurred during that individual's ownership or operation, has a 10-year statute of limitations. The Supreme Court also held the statute of limitations is discovery based and begins to run once the claimant knew or, through the exercise of reasonable diligence, should have known of the damage.

The trial court found that the Pflanzes knew or through exercise of reasonable diligence should have known about the onsite contamination by 1991, when amendments were made to the 1987 Indiana legislation enacted concerning underground storage tanks. The Pflanzes took no action to discover if the tanks on the property were leaking.
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  1. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  2. It's a capital offense...one for you Latin scholars..

  3. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  4. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

  5. please do your firm handles cases on breach of contract? please advise...

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