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Court of Appeals Argument Preview: Week of March 2, 2009
Posted in Litigation

At 3 p.m. (EST) on Tuesday, March 3, the Indiana Court of Appeals will hear argument in Indiana Patient’s Compensation Fund v. Patrick.  The Court will hold the argument in Wabash College’s Baxter Hall.  Bingham McHale’s Anne L. Cowgur will argue the case on behalf of the Patient’s Compensation Fund.  Jerry Garau will argue on behalf of Mr. Patrick.  At issue in the case is whether a father can recover damages from the Patient’s Compensation Fund (PCF), under the Medical Malpractice Act, for the emotional distress he alleges he incurred as a result of malpractice in the treatment of his son.  The trial court entered summary judgment in favor of the father.  The PCF has appealed the judgment.  See the Court’s description of the case here.

Here is the PCF’s Brief of Appellant

Here is Mr. Patrick’s Brief of Appellee

Here is the PCF’s Reply Brief

At 1 p.m. (CST) on Thursday, March 5, the Indiana Court of Appeals will hear argument in Scalambrino v. Town of Michiana Shores.  The Court will hold the argument in the Hammond City Hall’s City Council Chambers.

At issue in the case is the propriety of a lease agreement between the Town and T-Mobile allowing erection of a cell phone tower on Town property.  The plaintiffs sought an injunction, claiming the lease violates Town zoning ordinances, that amendments to the zoning ordinances were improperly adopted, and that the amendments constitute illegal spot zoning.  The trial court granted summary judgment to the defendants.  See the Court’s description of the case here.

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