Monday, April 07, 2014
Ind. Decisions - Transfer list for week ending April 4, 2014
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Here is the Clerk's transfer list for the week ending Friday, April 4, 2014. It is two pages (and 22 cases) long.
Two transfers were granted last week:
- Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louis Cochran, Deceased - Here is the Nov. 27, 2013 2-1 COA opinion. The majority's opinion concluded:
Under the facts the parties have placed before us, including an agreement regarding the Fund’s liability that purported to include no attorney fees as damages, it is impossible to reach a result that is fair to the Estate and to its counsel, yet consistent with the statutory 15% limitation. As the trial court’s award does not accurately reflect either the proper amount of attorney fees or proper allocation of money awarded from the Fund, we must reverse and remand for further proceedings consistent with this opinion.
- Don H. Dumont, M.D. v. Penny Davis and Nicole Anderson, as Co-Administrators of the Estate of Charmitta Jordan, Deceased - in this July 31, 2013 opinion, the COA panel concluded:
In sum, we do not believe that either Dr. Fahey’s allegedly undisclosed opinion about atelectasis or Dr. Ehrie’s testimony in his capacity as a pathologist supported the trial court’s finding that Dr. Dumont’s counsel committed misconduct warranting a new trial. Moreover, we find that the Plaintiffs waived their objection to Dr. Fahey’s undisclosed opinions by failing to object to his testimony at trial. Finally, we conclude that because the Plaintiffs accepted a jury admonishment with regard to Dr. Ehrie’s testimony without also moving for a mistrial, and the Plaintiffs did not establish actual surprise resulting from his testimony, the trial court erred by granting the Plaintiffs a new trial. The judgment of the trial court is reversed.
Posted by Marcia Oddi on April 7, 2014 09:10 AM
Posted to Indiana Transfer Lists