The Court of Appeals of Indiana will hear oral argument in George A. Scott v. Malissa Elizabeth Retz, R.N., and Indiana University on Tuesday, October 13th at 10 a.m. at the Walden Inn and Conference Center of DePauw University.  A panel of Judge L. Mark Bailey, Judge Margret G. Robb, and Judge Terry A. Crone will hear the case on appeal from Marion County Superior Court.

The case involves George A. Scott’s lawsuit against Malissa Elizabeth Retz, R.N., for negligence and Indiana University for negligence by reason of respondeat superior and negligent retention.  Scott, a Clarian Health Partners’ Safety and Security investigator, was struck by an uncapped used syringe while investigating missing narcotics at Indiana University Hospital.  The trial court granted Scott’s motion to strike an allegedly hearsay statement from an affidavit IU designated in support of its motion, but also granted Retz’s and IU’s motion for summary judgment as to all Scott’s claims.  On appeal, Scott contends the court’s grant of summary judgment to Retz and IU was improper; IU cross-appeals the striking of part of its affidavit.  Arguing for the appellant, George A. Scott, will be Robert Feagley, and arguing for the appellee, Malissa Retz, will be Matthew Conner, and arguing for the appellee, Indiana University, will be David Mallon, Jr.

The Court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch, and members of the audience are invited to ask questions following the submission of the case about the judicial process in Indiana.  The Court has heard more than 250 oral arguments “on the road” at law schools, colleges, high schools, and county courthouses since its centennial in 2000-2001. 

The Court of Appeals of Indiana is the state’s second-highest court.  It reviews appeals from trial court decisions; a decision of the Court of Appeals of Indiana is final unless granted further review by the Indiana Supreme Court.  The majority of appeals filed in Indiana are decided by the Court of Appeals.  

The 15 judges on the Court of Appeals issue more than 2,800 written opinions each year, sitting in three-judge panels.  For more information about the Court of Appeals, visit www.in.gov/judiciary/appeals.  For the Court’s “Appeals on Wheels” initiatives, as well as additional information on George A. Scott v. Malissa Elizabeth Retz, R.N., and Indiana University, visit http://www.in.gov/judiciary/appeals/arguments.html.