If a non-physician healthcare provider, such as a chiropractor, is not qualified under Evidence Rule 702 to render an opinion as to medical causation because the causation issue is complex, then chiropractors sitting on medical review panels are likewise not qualified to render opinions as to medical causation when the causation issue is complex.
Appeals
Daviess-Martin County Join Parks and Recreation Dept. v. Estate of Abel, No. 19A04-1607-CT-1563, __ N.E.3d __ (Ind. Ct. App., June 19, 2017).
Using the Rogers/Goodwin analysis, looking at the “broad type of plaintiff” and “broad type of harm” the lake owner/operator had no duty to a swimmer who contracted a rare infection from the lake because a reasonable person would not recognize the duty and agree that one exists.
Jones v. State, No. 49A02-1611-CR-2513, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).
When defendant is convicted after a trial to the court, the right to waive allocution is personal to the defendant and may not be waived by counsel.
Jenner v. Bloomington Cellular Services, Inc., No. 53A05-1606-MI-1415, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).
Tax sale purchasers must provide notice to any person with a substantial, publicly recorded interest even if their interest lies outside the chain of title. “Requiring a tax-sale purchaser to search outside the chain of title—even if it means searching thousands of records in the county recorder’s office—is one of the safeguards created by the statute.”
Campbell v. George, No. 41A01-1607-SC-1723, __ N.E.3d __ (Ind. Ct. App., May 30, 2017).
A magistrate cannot enter a final appealable order in a small claims case.