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Friday, October 28, 2005

Ind. Decisions - Suspended real estate license ruling is reversed by Court of Appeals; more

In Indiana Real Estate Commission v. Rick Edward Martin, one of four opinions issued today, Judge May writes:

The Indiana Real Estate Commission (“Commission”) appeals the trial court’s reversal of the Commission’s final order suspending Rick Martin’s real estate license as a result of his failure to obtain approved continuing education. The Commission raises one issue: whether the court erred when it determined the Commission’s decision was arbitrary and a violation of Ind. Code § 25-1-11-16, which encourages consistency in sanctions. We reverse and remand. * * *

The Commission did not act arbitrarily when it suspended Martin’s license for two years but rather meted out consistent sanctions in accordance with Ind. Code § 25-1-11-16. Reversed.

In Philip Wayne, M.D. v. Norma M. Begley, Judge Baker writes:
Appellant-defendant Philip Wayne Hassan, M.D. (Dr. Hassan), brings this interlocutory appeal challenging the denial of his motion for summary judgment regarding a medical malpractice claim that was brought against him by appellee-plaintiff Norma Begley, individually and as the personal representative of the estate of her deceased husband, Willie A. Begley.

In particular, Dr. Hassan alleges that the trial court erroneously denied his motion because the designated evidence established that his failure to place a nasogastric tube (NG tube) in Begley following his admission to the hospital emergency room did not proximately cause his death. Concluding that Begley has failed to submit designated evidence establishing that Dr. Hassan’s conduct caused her husband’s death, we reverse the judgment of the trial court and remand this cause with instructions that summary judgment be entered for Dr. Hassan.

Posted by Marcia Oddi on October 28, 2005 10:50 AM
Posted to Ind. App.Ct. Decisions