Maureen Hayden of the Evansville Courier-Press has a story today about an upcoming oral argument before a panel of the Indiana Court of Appeals, "in a rare out-of-courtroom hearing conducted at the Indiana University School of Law in Indianapolis." Some quotes:
In essence, what they'll argue is that while Mobley, of Owensville, Ind., fell from Armstrong's car, he was never actually struck by the vehicle. Therefore, there was no accident for Armstrong to leave.Posted by Marcia Oddi at September 14, 2004 08:31 AMIt may be one of the least appealing arguments that Evansville attorney Ivan Arnaez will ever have to make, he concedes.
"It's an emotional case, and our argument will cause a lot of people to be upset," said Arnaez. "Your gut tells you one thing, yet the law says another."
That is, said Arnaez, that his client "knows that under the moral code of law, he should have stopped. He regrets not doing so. But under Indiana law, he didn't have a legal duty to stop, and it's the letter of the law that must be followed."