« Courts - "Supreme Court Hears 'Pay To Delay' Pharmaceutical Case" | Main | Ind. Gov't. - More on: Allen County to begin charging convicted sex offenders an annual fee to register their addresses »

Monday, March 25, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 8 NFP)

For publication opinions today (1):

In Maria Upham, as Surviving Spouse and Personal Rep. of the Estate of Wilbur A. Upham, Deceased v. Morgan County Hospital, Richard J. Eisenhut, M.D., Unity Physicians, Kendrick Family Practice, et al., a 12-page opinion, Judge May writes:

Maria Upham brought an action against Morgan County Hospital and certain physicians (collectively, “the Hospital”) for the wrongful death of her husband, Wilbur Upham. A jury found for the Hospital. On appeal, Upham argues the trial court should have granted a mistrial because of remarks a prospective juror made during voir dire, should not have given the jury two instructions, and should not have denied certain discovery requests. We affirm. * * *

Upham asked Dr. Eisenhut in interrogatories whether he had been treated or counseled for substance abuse, whether he had emotional, personal, psychiatric or family problems, or whether he had a criminal record. The Doctor objected on various grounds and Upham brought a motion to compel. The Doctor provided the trial court an exhibit for in camera review. After review, the trial court denied the motion to compel in May 2003. Upham brought subsequent motions to compel, which were also denied.

NFP civil opinions today (2):

Ronald G. Arnold and B. Candi Arnold v. Allen Robert Linnemeier and Kathy Sue Linnemeier (NFP)

Rev. Carl Z. Liggins and The Board of Trustees of Mt. Olive Missionary Baptist Church, Inc. v. William Bagley, Raymond Gaines, Gregg Merriweather, Stevie Bonds, Curtis Godfre, et al. (NFP)

NFP criminal opinions today (6):

Jesse R. Luckey v. State of Indiana (NFP)

Aaron Brown v. State of Indiana (NFP)

Alejandro Gomez-Aviles v. State of Indiana (NFP)

Jaime A. Herrera v. State of Indiana (NFP)

Mark Kevin Liston v. State of Indiana (NFP)

Sherry L. Pruitt v. State of Indiana (NFP)

Posted by Marcia Oddi on March 25, 2013 10:42 AM
Posted to Ind. App.Ct. Decisions