APPELLATE COURT OPINIONS

This is a suit for specific performance of a real estate contract. Defendant, Joseph McDaniel, a.k.a. John O. Smith, appeals from the order of the trial court in favor of the Plaintiffs,
William L. Hatley, III and Tami R. Hatley.

This appeal involves a state prisoner's challenge to his continued incarceration. The prisoner contends that he is entitled to the benefit of the 1989 Sentencing Reform Act’s allegedly lesser sentence for the crime of which he was convicted, rather than the life sentence imposed upon him as a habitual offender at the time of his conviction in 1987. The trial court granted the Department's Motion for Summary Judgment dismissing the prisoner's petition. We affirm the trial court’s judgment.

This civil action was filed by Michelle Ball ("Ms Ball") against Hamilton County Emergency Medical Services ("HCEMS") and others, seeking damages for the wrongful death of Ms. Ball's 16-month-old daughter, Miranda K. Ball ("Miranda"). The suit against HCEMS brought into play the provision of the Govermental Tort Liability Act. Following a bench trial, the court dismissed the complaint as to HCEMS, finding that HCEMS did not have a duty to transport Miranda to the hospital in the face of her mother's decision at the child's condition was not such as to require a trip to the hospital. The court further fond that HCEMS' emergency medical technicians ("the EMTS") did not violate their standard of care by failing to advise Ms. Ball that croup could be life-threatening under certain circumstances. Ms. Ball appealed, raising issues that present the following questions for our determination: