If medical malpractice plaintiff’s proposed complaint for the medical review panel does not encompass a particular theory of negligence, the trial court lacks subject matter jurisdiction over that theory of negligence.
Civil
Berg v. Berg, No. 21S-DC-320, __ N.E.3d __ (Ind., June 29, 2021).
Documents produced in anticipation of mediation fall under A.D.R.’s confidentiality requirement.
Cutchin v. Beard, No. 21S-CQ-48, __ N.E.3d __ (Ind., June 30, 2021).
Indiana Medical Malpractice Act applies when a plaintiff alleges that a qualified health-care provider treated someone else negligently and that the negligent treatment injured the plaintiff.
City of Marion v. London Witte Group, No. 20S-MI-00567, __ N.E.3d __ (Ind., June 17, 2021).
The Indiana Supreme Court adopts the equitable tolling doctrine of adverse domination when intentional wrongdoing is alleged.
Atkins v. Crawford County Clerk’s Office, No. 20A-MI-2160, __ N.E.3d __ (Ind. Ct. App., June 1, 2021).
Trial court improperly denied a motion to waive the filing fee when plaintiff filed a verified affidavit of indigency with documentation of her cash assets. If the trial court had any doubt about plaintiff’s indigency, the trial court could have waived the filing fee, and, upon a later discovery that the litigant has the means to pay, order reimbursement of the waived fee; or a trial court may hold a hearing to examine the litigant’s potential indigency.