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Monday, February 01, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 1 NFP memorandum decision(s))

For publication opinions today (1):

InKevin T. Scripture, M.D., Richard Mangan, O.D., Judy D. Risch, O.D., and Whitewater Eye Centers, LLC v. Julia and Steven Roberts, a 15-page opinion, Chief Judge Vaidik writes:

A unanimous medical review panel found that the defendant Doctors failed to comply with the appropriate standard of care and their conduct was a factor of the resultant damages to Julia Roberts. The Robertses filed first a complaint and then a motion for summary judgment against the Doctors, designating as evidence the opinion of the medical review panel. In their response, the Doctors designated as expert evidence only their own conclusory affidavits. Months later and the day before the hearing on the Robertses’ summaryjudgment motion, the Doctors filed a motion for leave to supplement their response to the summary judgment motion, designating only their own “supplemental” affidavits, in which they supplemented their original affidavits with facts to support their conclusions. Following the hearing, the trial court granted the Robertses’ motion for summary judgment and denied the Doctors’ motion to supplement. We find that the Doctors’ own affidavits failed to raise a genuine issue of material fact sufficient to defeat summary judgment because the affidavits did not explain the standard of care and include facts showing how the Doctors met that standard. We also find that the trial court did not abuse its discretion in denying the Doctors’ motion to supplement. We therefore affirm.
NFP civil decisions today (0):

NFP criminal decisions today (1):

Darnell Wilson v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on February 1, 2016 01:37 PM
Posted to Ind. App.Ct. Decisions