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Indiana Court of Appeals
Munster Medical Research Foundation, Inc. v. Melodyann Clark, Individually and as Personal Representative of the Estate of Terry F. Clark Jr., Deceased
No. 25A-CT-1827

Civil. Interlocutory appeal from the Lake Superior Court, Judge Calvin D. Hawkins. Affirms in part, reverses in part and remands. Holds the trial court did not abuse its discretion by ordering the hospital to answer the Estate’s requests for admissions because the requests were not ambiguous, were properly used to narrow issues for trial and were proportional to the needs of the case; also concludes the hospital’s objections — including claims of improper purpose and burden — were not substantially justified. However, concludes the trial court erred in awarding attorney fees and expenses without first providing an opportunity for a hearing as required by Trial Rule 37, and that the error was not harmless because the hospital was denied a meaningful opportunity to challenge the amount and reasonableness of the fees. Judge Felix authored the opinion. Judges Brown and Scheele concur. Appellant’s attorney: Adam J. Sedia, Johnson & Bell, P.C., Crown Point, Indiana. Appellee’s attorney: Daniel B. Vinovich, Hilbrich Cunningham Dobosz Vinovich & Sandoval, LLP, Highland, Indiana.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

Indiana Court of Appeals
Robert Bruce Cole v. State of Indiana
No. 25A-CR-1996

Criminal. Appeal from the Tippecanoe Superior Court, Judge Steven P. Meyer. Affirms Cole’s conviction for Level 4 felony child molesting and habitual offender enhancement. Holds the trial court did not abuse its discretion in admitting the victim’s forensic interview under the Protected Person Statute after finding the victim was unavailable due to serious emotional distress that would prevent him from reasonably communicating if required to testify in Cole’s presence; the court also concludes Cole waived his specific challenge to the unavailability finding by failing to raise it at trial. Chief Judge Tavitas authored the opinion. Judges Weissmann and Foley concur. Appellant’s attorney: Bruce W. Graham, Graham Law Firm P.C., Lafayette, Indiana. Appellee’s attorneys: Office of the Indiana Attorney General.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.