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Monday, February 04, 2008

Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)

For publication opinions today (1):

In Jim Atterholt, et al v. Geneva Herbst, et al , a 14-page opinion, Judge Mathias writes:

Geneva Herbst, the personal representative of the Estate of Jeffrey A. Herbst (“the Estate”) brought an action seeking excess damages from the Indiana Patient’s Compensation Fund (“the Fund”). The Marion Superior Court granted partial summary judgment and final judgment in favor of the Estate. The Fund appeals and presents two issues for review, which we restate as: whether the trial court erred in granting partial summary judgment in favor of the Estate, and whether the trial court erred in excluding evidence proffered by the Fund. We affirm. * * *

Conclusion. Because the trial court properly concluded in its order granting partial summary judgment that the Fund could not argue that the Healthcare Providers’ malpractice cost Jeffrey only a small chance of survival, the trial court also properly excluded the evidence the Fund sought to admit regarding Jeffrey’s chances of survival. We therefore affirm both the trial court’s grant of partial summary judgment and the trial court’s final judgment.

NFP civil opinions today (1):

Paternity of L.B., Shellie Shaw v. Tony Baumgardner (NFP) - "Based on the foregoing, we conclude that the trial court committed harmless error by failing to explain its reasons for the deviation from the Parenting Time Guidelines in its written Order. Furthermore, we find that the trial court’s visitation schedule conforms with the Guidelines."

NFP criminal opinions today (5):

In State of Indiana v. Mark K. Reed (NFP), a 2-1 opinion, Sr. Judge Robertson writes:

The issue presented for our review is: whether the trial court correctly concluded that the police officer mistakenly believed that Reed had committed an infraction which served as the probable cause or reasonable suspicion for the traffic stop leading to the discovery of Reed’s driver’s license status. * * *

There was no probable cause or reasonable suspicion for the traffic stop. The trial court did not err by granting Reed’s motion to suppress.

DARDEN, J., concurs.
MAY, J., dissenting with separate opinion. [which begins] Because I believe the trial court erred when it granted Reed’s motion to dismiss, I would reverse and remand for trial. Therefore, I respectfully dissent.

Ralph Young v. State of Indiana (NFP)

Gregory L. Henson v. State of Indiana (NFP)

Fabrian Moore v. State of Indiana (NFP)

Gaberella Menifee v. State of Indiana (NFP)

M.L. v. State of Indiana (NFP)

Posted by Marcia Oddi on February 4, 2008 01:17 PM
Posted to Ind. App.Ct. Decisions