Where hospital employee forcibly catheterized plaintiff for a urine sample after an oral statement from the police that the sample was court ordered, plaintiff’s complaint adequately stated factual issues as to whether: (1) the sample was obtained pursuant to a written request, (2) the taking of the sample constituted reasonable force, and (3) forced catheterization constituted a “medically accepted manner” for obtaining a urine sample, all pursuant to Ind. Code § 9-30-6-6. Trial court properly dismissed plaintiff’s medical malpractice complaint, however, because plaintiff was not a “patient” of the defendants.
Civil
Travelers Indemnity Co. v. Jarrells, No. 29S02-0908-CV-378, ___ N.E.2d ___ (Ind., May 27, 2010)
In future trials where the trier of fact finds that the evidence establishes that the plaintiff has received payment for some of the damages from collateral sources, the award should include those damages, but only to the extent that the evidence establishes an obligation to repay.
Indiana Family & Social Servs. Admin. v. Meyer, No. 69S01-0905-CV-233, ___ N.E.2d ___ (Ind., May 25, 2010)
A trial court has no authority to grant an extension of time to file the record in a petition for review of an administrative agency action under the Indiana Administrative Orders and Procedures Act if the record is not filed within the required statutory period or any authorized extension of this period.
Reiswerg v. Statom, No. 49S02-0906-CV-280, ___ N.E.2d ___ (Ind., May 6, 2010)
A party does not waive an affirmative defense by failing to raise it in response to a motion for partial summary judgment that would not be dispositive as to the issue of liability.
Buchanan v. Vowell, No. 49A02-0909-CV-873, ___ N.E.2d ___ (Ind. Ct. App., May 12, 2010)
Where drunk driver injured plaintiff-pedestrian while driver was speaking on her cell phone with defendant (who was following driver in another car), trial court erred in dismissing plaintiff’s complaint alleging that defendant gratuitously undertook a duty to protect plaintiff from the driver and that defendant was acting in concert with the driver.