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Oral Argument Preview (Part 2): Week of February 23, 2009
Posted in Litigation

The following arguments will be held this week:

On Wednesday, February 25, at 1:25 p.m., the Indiana Court of Appeals will hear oral argument in the Little Theater room at Lawrence North High School in Indianapolis.  In Fort Wayne Patrolmen’s Benevolent Association v. City of Fort Wayne, the court will hear arguments about whether an off-duty police officer was “performing her duty” as a police officer, pursuant to Indiana Code section 36-8-4-5, when she was injured in an accident involving her patrol car after her shift ended.  The officer, who was participating in Fort Wayne’s Home Fleet Vehicle Policy, sought reimbursement of her out-of-pocket medical expenses from the City.  The City denied the request, and the trial court granted the City’s motion for summary judgment. 

In addition to the three arguments it will hear on Thursday, February 26, the Indiana Supreme Court will hear three arguments on Friday, February 27, beginning at 9 a.m.

In Clark v. Indiana, the Court will hear a direct appeal from a sentence of life without parole stemming from a jury’s conviction of the defendant for the murder of a two-year-old girl in Kosciusko County. 

In Gunkel v. Renovations, Inc., the Court has granted transfer and will hear argument concerning a trial court’s order denying the plaintiffs’ motion to amend their pleadings and its subsequent judgment in a case involving new home construction and a leaking stone façade.  This case has already been the subject of one round of appeals, which resulted in the Indiana Supreme Court’s addressing Indiana’s economic loss doctrine.  See Gunkel I, 822 N.E.2d 150 (Ind. 2005). 

The current appeal stems from post-remand proceedings, during which the trial court denied the plaintiffs’ motion to amend their complaint to include a breach-of-contract claim against one of the two contractor defendants and dismissed the plaintiffs’ negligence claims against both defendants.

In R.Y. v. Indiana Department of Child Services, the Court will hear argument concerning whether the Marion Superior Court improperly terminated the parental rights of a mother who is incarcerated.  The mother has petitioned the Court to accept transfer from the Indiana Court of Appeals, which affirmed the trial court’s judgment in this not-for-publication opinion.



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