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COA to hear arguments in Dubois, Clark counties

May 11, 2018

The Indiana Court of Appeals is heading south next week to hear oral arguments in Dubois and Clark counties.

A panel of judges Edward Najam, Melissa May and Elaine Brown will travel to Dubois County on Wednesday to hear argument in Marcus K. Baxter v. State of Indiana, 49A04-1707-CR-01608. Marcus Baxter was charged with felony possession of a narcotic and misdemeanor possession of marijuana after law enforcement officers found a baggie containing a controlled substance in his car. Baxter was ordered out of the car after law enforcement responded to a suspicious persons report at a carwash.

Baxter moved to suppress the evidence against him, but the trial court denied his motion, prompting the instant appeal. The panel will hear argument on the interlocutory appeal at 1:15 p.m. Wednesday at Jasper High School, 1600 Saint Charles St., Jasper.

Then on Thursday, Judges Patricia Riley, May and Robert Altice will hear the case of ONB Insurance Group, Inc., et al. v. Amy Jones, et al., 40A01-1707-CT-01513 in Clark County. The case began when C&K Transport – a trucking company that used ONB Insurance to assist in insurance procurement – caused a fatal accident.

The trial court granted summary judgment to the estates of JoAnn Marie Megel and Edward J. Megel, as well as to Darcy, Nicholas and Christina Megel and Amy Jones, but ONI argues on appeal that under Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384 (Ind. 2016), it cannot be held liable because it does not have a duty to the victims in its role as C&K’s insurance agent. The insurance company will argue its appeal at 5 p.m. on Thursday in the Riverside Ballroom of the Sheraton Louisville Hotel, 700 W. Riverside Dr., Jeffersonville.

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