DECEMBER 2002 SITTING OF THE SUPREME COURT




Mark R. Passmore v. Lee Alan Bryant Health Care Facilities, Inc.
Thursday, December 5, 2002 at 9:00 a.m.

Plaintiff asserts that his mother, a nursing home resident, was assaulted by an employee, who had formerly been employed by Defendant. Plaintiff alleges that Defendant had given an inaccurate employment recommendation for the employee to the nursing home. The Parke Circuit Court granted summary judgment to Defendant, and the Court of Appeals affirmed. See Passmore v. Lee Alan Bryant Health Care Facilities, Inc., 765 N.E.2d 625 (Ind. Ct. App. 2002). Plaintiff has petitioned the Supreme Court to grant transfer and assume jurisdiction over this appeal.
                    
                    Attorneys for Passmore
                    James R. Fisher
                    Debra H. Miller
                    Indianapolis, IN

                    Attorneys for Health Care Facilities
                    Janet A. McSharar
                    Alastair J. Warr
                    Indianapolis, IN








Fermon Ammons v. State of Indiana
Thursday, December 5, 2002 at 9:45 a.m.

Fermon Adams is charged in Marion Superior Court with possession of cocaine and a firearm and carrying a handgun without a license. He filed a motion to suppress evidence that was denied by the trial court. The Court of Appeals affirmed in part and reversed in part. See Ammons v. State, 770 N.E.2d 927 (Ind. Ct. App. 2002). The State of Indiana has petitioned the Indiana Supreme Court to accept jurisdiction over the appeal.

                    Attorney for Ammons
                    Patricia Caress McMath
                    Indianapolis, IN
                    
                    Attorney for State
                    Steve Carter
                    Jodi Kathryn Stein
                    Indianapolis, IN

Barry Daugherty v. Industrial Contracting & Erecting
Thursday, December 5, 2002 at 10:30 a.m.

In this worker’s compensation case, Barry Daugherty had surgery without the authorization of his employer, Industrial Contracting & Erecting, and without the approval of the Worker’s Compensation Board. Following the surgery, Daugherty returned to work and applied to the Board for an order requiring the employer to pay the surgical costs. The Board denied the request on grounds the surgery was unauthorized. A majority of the Court of Appeals affirmed. The Supreme Court granted transfer, thereby vacating the Court of Appeals opinion reported at Daugherty v. Industrial Contracting & Erecting, 765 N.E.2d 1280 (Ind. Ct. App. 2002), and has assumed jurisdiction over the appeal.

                    Attorney for Daugherty
                    Michael Rader
                    Terre Haute, IN

                    Attorney for Industrial Contracting
                    Kathryn A. Moll
                    Fortville, IN



State of Indiana v. John C. Dugan, Jr.
Thursday, December 19, 2002 at 9:00 a.m.

The Marion Superior Court dismissed two counts of an indictment charging the appellee with official misconduct. The Court of Appeals affirmed the trial court, but on different grounds. State v. Dugan, 769 N.E.2d 235 (Ind. Ct. App. 2002). Both sides have petitioned the Supreme Court to accept jurisdiction over the appeal.

                    Attorneys for State
                    Steve Carter
                    Cynthia L. Ploughe
                    Indianapolis, IN

                    Attorneys for Dugan
                    J. Richard Kiefer
                    Darlene R. Seymour
                    Indianapolis, IN

Eddie W. Henson, Jr. v. State of Indiana
Thursday, December 19, 2002 at 9:45 a.m.

Eddie Henson was convicted in the Sullivan Circuit Court of felony battery by bodily waste. The Court of Appeals ordered a new trial, finding the trial court had erred in refusing to give an instruction to the jury on self defense. Cause No. 77A04-0110-CR-431 (Ind. Ct. App. 2002) (unpublished memorandum decision). The Supreme Court has granted the State’s petition seeking transfer of jurisdiction, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

                    Attorney for Henson
                    Susan K. Carpenter
                    Gregory L. Lewis
                    Indianapolis, IN

                    Attorney for State
                    Steve Carter
                    Jodi Kathryn Stein
                    Indianapolis, IN




Tamara Cook v. Kenneth Whitsell-Sherman
Thursday, December 19, 2002 at 10:35 a.m.

After being bitten by a dog, a mail carrier sued the dog’s owner for negligence. At a bench trial, the Madison Circuit Court found the dog owner negligent per se in light of Indiana Code § 15-5-12-1 and awarded the mail carrier $87,000 in damages. The Court of Appeals reversed after concluding that the statute cannot be the basis of a finding of negligence per se because it does not establish any particular duty on the part of dog owners. It also held that certain evidence of the mail carrier’s future medical expenses was admissible under Indiana Evidence Rule 413. Cook v. Whitsell-Sherman, 771 N.E.2d 1211 (Ind. Ct. App. 2002). The Supreme Court has granted transfer, vacating the Court of Appeals’ opinion, and has assumed jurisdiction over this appeal.


                Attorney for Cook
                    Kevin C. Tyra
                Doris L. Sweetin
                    Indianapolis, IN

                Attorney for Whitsell-Sherman
                    Richard Walker
                Anderson, IN