The Indiana Supreme Court will hear a case, stemming from a fatal crash, in which the trial court and Court of Appeals reached different results.
Justices agreed to review Ray Clifton v. Ruby McCammack, 49A02-1404-CT-276. Ray Clifton’s son, Darryl, died after his moped was struck by Ruby McCammack.
Ray Clifton, 82, relied on Darryl to provide his care, and Ray sued after McCammack admitted negligence. Ray claimed intentional infliction of emotional distress because he had seen a news account of the crash, feared his son was involved, and raced to the scene to find Darryl was dead.
A Marion Superior judge granted summary judgment in favor of McCammack, but the Court of Appeals reversed. The appellate panel held the modified impact rule established in Shuamber v. Henderson, 579 N.E.2d 452, 454 (Ind. 1991), applied. The panel also found that Ray met the temporal and circumstantial requirements to satisfy the bystander rule allowing emotional distress claims established in Smith v. Toney, 862 N.E.2d 656 (Ind. 2007).
Justices also granted transfer in two other cases:
- Goodrich Quality Theaters, Inc. and Roncelli, Inc. v. Fostcorp Heating and Cooling, Inc., Wilson Iron Works, Inc., Johnson Carpet, Inc., d/b/a Johnson Commercial Interiors, 64A03-1308-PL-318. Justices will review a case in which subcontractors Fostcorp, Wilson and Johnson were awarded damages plus attorney fees for unpaid work building a Goodrich Theater under general contractor Roncelli. Because Goodrich leased property to construct the theater, the Court of Appeals reversed the award of attorney fees, holding they were unenforceable under the mechanic’s lien statute.
- DePuy Orthopaedics, Inc. and Johnson & Johnson v. Travis Brown, et al., 49S02-1504-CT-225 The Supreme Court determined on April 24 that a lawsuit filed by 19 recipients of recalled hip-implant devices will remain in Indiana.
The Supreme Court also denied transfer petitions in 31 cases. Transfer dispositions may be viewed here.