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Wednesday, May 26, 2010

Ind. Decisions - 7th Circuit decides one Indiana case today

In Wallace v. McGlothan (SD Ind., McKinney), a 34-page opinion, Judge Tinder writes:

Dr. Jonathan S. McGlothan attempted to correct Tracey Wallace’s vision problems through eye surgery, but the procedure ended up causing more harm than good. Tracey and Eric Wallace brought a diversity suit against Dr. McGlothan for medical malpractice under Indiana law. After a trial on causation and damages, the jury returned a verdict for the Wallaces and awarded nearly $700,000 in damages. On appeal, Dr. McGlothan challenges the sufficiency of the evidence. * * *

The evidence was sufficient to show that Dr. McGlothan’s negligence was the proximate cause of the Wallaces’ injuries, and Dr. McGlothan has not shown any perjury or discovery violations by the Wallaces that would warrant reversal. We AFFIRM the district court’s denial of Dr. McGlothan’s motions for judgment as a matter of law and AFFIRM the judgment.

Posted by Marcia Oddi on May 26, 2010 01:31 PM
Posted to Ind. (7th Cir.) Decisions