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Case Clips

Published by the Indiana Office of Court Services

Civil

Smith v. Wrigley, No. 33A04-0912-CV-727, __ N.E.2d __ (Ind. Ct. App., Apr. 14, 2010)

April 20, 2010 Filed Under: Civil Tagged With: Appeals, T. Crone

Statutory requirement that inmate pay civil filing fees due to prior frivolous civil case dismissals does not violate Indiana Constitution Open Courts Clause.

White-Rodgers v. Kindle, No. 55A05-0906-CV-00308, __ N.E.2d __ (Ind. Ct. App., Apr. 14, 2010)

April 20, 2010 Filed Under: Civil Tagged With: Appeals, J. Baker, T. Crone

Discovery of materials produced by non-testifying experts in a settled case was available only under “exceptional circumstances” as provided in Trial Rule 26(B)(4)(b).

Nasser v. St. Vincents Hospital and Health Services, No. 49A02-0910-CV-955, __ N.E.2d__ (Ind. Ct. App., Apr. 14, 20010)

April 20, 2010 Filed Under: Civil Tagged With: Appeals, N. Vaidik

Medical causation opinion of nurse serving on medical review panel was not admissible as expert opinion under Evidence Rule 702 and thus could not be used in resolving summary judgment motion.

Howard Regional Health System v. Gordon, No. 34A02-0902-CV-179, __ N.E.2d __ (Ind. Ct. App., Apr. 16, 2010)

April 20, 2010 Filed Under: Civil Tagged With: Appeals, M. May

Claim for third-party spoliation of evidence against hospital was not subject to Medical Malpractice Act procedures.

Clarion Health Partners, Inc. v. Wagler, No. 49A02-0907-CV-598, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2010)

April 1, 2010 Filed Under: Civil Tagged With: Appeals, E. Brown

Determination by two malpractice panelists that it could not be determined whether defendant’s action caused harm was without any evidentiary import for summary judgment purposes, and as nurse practitioner’s affidavit submitted by plaintiff could not be considered for summary judgment, third panelist’s conclusion defendant negligently caused injury shifted burden to plaintiff to show a genuine issue on causation.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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