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Venue transfer appeal heads to Ivy Tech Indianapolis

October 15, 2018

Questions raised regarding the meaning of the term “principal office” will be heard in an Appeals on Wheels oral argument Tuesday morning at Ivy Tech Community College.

Judges Cale Bradford, Robert Altice, and Elizabeth Tavitas will hear the interlocutory appeal of the denial of a Lawrence County resident’s motion for transfer of venue in a medical malpractice case, IU Health Southern Indiana Physicians, Inc., et al. v. Charlene Noel, 18A-CT-01299.

Charlene Noel filed a medical malpractice suit in Marion County, where the only connection to that county was the address of the IU Health defendant’s registered agent. IU Health moved to transfer venue to Lawrence County as a county of preferred venue, arguing among other factors that all individual defendants in the suit work in Lawrence County, Noel resides there and all care and treatment that she received occurred in Lawrence County.

On appeal, Noel contends that the January 2018 enactment of I.C. § 23-0.5-4-12 created confusion regarding the meaning of the term “principal office” as used in Trial Rule 75(A)(4), and has led to inconsistent decisions at the trial court level. 

Amicus briefs were filed by the Defense Trial Counsel of Indiana and the Indiana Trial Lawyers Association.

The argument will take place at 10 a.m. Tuesday at Ivy Tech Community College in the North Meridian Center Auditorium, 50 W. Fall Creek Parkway North Drive.

 

 

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