COA traveling in Marion, Knox counties for arguments this week

Two Indiana appellate panels will leave the Statehouse courtroom this week to hear arguments across the state.

First, on Tuesday, a panel of Indiana Court of Appeals Chief Judge Nancy Vaidik and judges Paul Mathias and Michael Barnes will hear the case of Angela Brewer, et al. v. PACCAR, Inc., et al., 55A05-1709-CT-02168, at the Indiana University Robert H. McKinney School of Law in Indianapolis. The case stems from the death of Ricky Brewer, a construction foreman killed at an Indianapolis Power & Light plant in Martinsville.

Brewer was crushed by a semi-tractor, which was operated by Raymond Miller, constructed by W&W Transport and outfitted with a “glider kit” purchased from PACCAR, Inc. The glider kit did not have a rear-view camera or backup alarm, which meant Miller was unable to see Brewer as he was backing up.

Brewer’s widow, Angela, filed a complaint against Miller and the three companies, alleging, among other things, that the glider kit was defectively designed. PACCAR moved for summary judgment, which the Morgan Circuit Court granted. Angela now appeals.

The panel will hear Brewer’s appeal at 1 p.m. Tuesday at the law school, 530 W. New York St. The argument is open to the public, and the judges will take general questions unrelated to the case when the argument has concluded.

Then on Thursday, judges John Baker, Melissa May and Robert Altice will travel to Knox County to hear an Indiana Civil Rights Commission case, Knox County Association for Retarded Citizens, Inc. v. Melissa Davis, 93A02-1701-EX-00141. Melissa Davis sued the Knox County Association for Retarded Citizens after the association allegedly terminated her employment on the basis of her disability.

Davis alleged she was fired from KCARC after a medical emergency that caused her to lose consciousness. An administrative law judge found in Davis’ favor, as did the Indiana Civil Rights Commission, which ordered KCARC to pay Davis $35,151.46 in lost wages.

KCARC will appeal that ruling at 1 p.m. Thursday, when the appellate panel will hear the case in the Red Skelton Performing Arts Center, 20 W. Red Skelton Blvd., Vincennes.

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