Opinions – June 11, 2010

Keywords neglect / Opinions

Today’s Opinions

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals

A. Elliott v. Rush Memorial Hospital, et al.

Civil. Affirms dismissal of Larz Elliott’s proposed medical malpractice complaint against Rush Memorial Hospital, Carrie
Tressler, and Dr. Philip Kingma. Elliott had alleged battery and negligence with respect to the forced catheterization to
retrieve a urine sample after a Rush County sheriff’s deputy transported him to Rush Memorial Hospital and represented
a court order at the hospital to retrieve a blood sample and a urine sample. Finds trial court erred in concluding that the
defendants enjoy complete statutory immunity from any civil liability related to his claims of battery and negligence, but
also finds Elliot’s claims fall outside the parameters of the Medical Malpractice Act because he was not a “patient”
of the defendants, and that his catheterization clearly was not for his own medical benefit.

East Inc. City of Greenwood Board of Zoning Appeals v. United Energy Corporation Inc. d/b/a Greenwood Sunoco

Civil. Affirms trial court’s reversal of the decision of the City of Greenwood Board of Zoning Appeals to issue a variance
to Sam’s East Inc. to have a gas station near a Sam’s Club location in Greenwood. Since receiving approval for
the gas station in 2005, Sam’s Club had encountered an environmental issue that delayed building plans, and the permit
had expired before Sam’s constructed the gas station. After the permit expired, Sunoco built a gas station on property
adjacent to Sam’s property. Shortly after, an ordinance was adopted that changed whether gas stations could be built
in the area where Sam’s had previously received permission.

Mill Homeowners Association Inc. v. Patrick J. Bocian (NFP)

Civil. Affirms small claims court’s denial of Cedar Mill’s request for attorney’s fees.

W. King and Delores P. King v. Hamilton Southeastern Utilities Inc. (NFP)

Civil. Affirms amount of damages entered after a jury trial for the valuation of the Kings’ land affected by the acquisition
of a temporary and permanent easement by eminent domain.

v. Review Board of the Indiana Dept. of Workforce Development (NFP)
Civil. Affirms decision of the Indiana Department of Workforce Development Unemployment Insurance Review Board affirming
the decision of the administrative law judge to dismiss K.T.’s appeal as untimely.

v. J.M. and M.M. (NFP)
Civil. Affirms trial court’s order granting visitation with J.S. (mother)’s minor daughter C.G.M. to her paternal
grandparents J.M. and M.M..

a/k/a A.S v. B.S. (NFP)

Civil. Reverses and remands trial court’s order emancipating A.E. (mother) and B.S. (father)’s 19-year-old son
K.S. Also reverses and remands determination of arrearages on child support; and apportionment of partial arrearage to K.S.

Indiana Tax Court posted no opinions before IL deadline.

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