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.
Civil
Howard Regional Health System v. Gordon, No. 34A02-0902-CV-179, __ N.E.2d __ (Ind. Ct. App., Apr. 16, 2010)
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)
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.
Julie C. v. Andrew C., No. 49A05-0909-CV-523, __N.E.2D__ (Ind. Ct. App., Mar. 30, 2010)
Change in visitation to seven nights every two weeks was a de facto change of custody subject to the statutes on custody modification. When considering changing a decree for joint legal custody, the court must consider the joint legal custody factors in IC 31-17-2-15 in addition to the standard factors in IC 31-17-2-8.
Boone v. Boone, No. 45A03-0906-CV-243, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2010)
Divorce court could not order support retroactive to a date seventeen months prior to the filing of the dissolution action.