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Friday, November 18, 2016

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 5 NFP memorandum decision(s))

For publication opinions today (2):

In Jane E. Wilson, M.D., and IU Medical Group v. Tyler Lawless b/n/f Mindy R. Lawless , a 22-page opinion, Judge Brown writes:

Jane E. Wilson, M.D., and the IU Medical Group (“IU,” and together with Wilson, the “Appellants”) appeal the trial court’s judgment in favor of Tyler Lawless on a complaint for damages filed by Tyler’s mother Mindy Lawless as Tyler’s next friend. The Appellants raise two issues which we consolidate and restate as whether the trial court’s judgment is clearly erroneous. We affirm. * * *

The Appellants argue that the court’s Judgment should be reversed because of Mindy’s failure to seek follow up medical treatment for Tyler between the time he was seen by Dr. Wilson and January 22, 2009, when he was seen by Dr. Kosten. They contend that this constituted contributory negligence which must be imputed to Tyler, and that it was an intervening, superseding cause. We address each of the Appellants’ arguments separately. * * *

We decline the Appellants’ invitation to create an exception to the general rule that a parent’s alleged contributory negligence may not be imputed to a child’s medical malpractice claim. * * *

We need not examine the foreseeability of Mindy’s actions because, as asserted by Tyler, we find that the evidence presented at trial did not reveal that the delay in seeking follow up medical attention was an intervening cause of Tyler’s injury, i.e., the loss of his kidney. * * *

[W]e conclude that Mindy’s failure to immediately bring Tyler to see a doctor after he developed flank pain, instead waiting for a few weeks to do so, did not constitute an intervening cause of Tyler’s injury.

In Charles Dunson v. State of Indiana , a 13-page opinion, Judge Barnes writes:
Charles Dunson challenges his conviction for Level 5 felony carrying a handgun without a license. We affirm.

Dunson raises one issue, which we restate as whether the trial court properly admitted into evidence a handgun seized during an investigatory stop. * * *

The collective information known to the law enforcement organization was sufficient to provide reasonable suspicion that Dunson had been involved in criminal activity. The trial court did not abuse its discretion by admitting the evidence gathered as a result of the investigatory stop. We affirm.

NFP civil decisions today (3):

K.C. and K.C. v. Indiana Department of Child Services (mem. dec.)

William Thatcher and Angela Thatcher v. City of Marion (mem. dec.)

David John Macintosh, Jr. v. Pamela Jo Macintosh (mem. dec.)

NFP criminal decisions today (2):

Timothy J. Hughes v. State of Indiana (mem. dec.)

Jeffrey Murto v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on November 18, 2016 01:26 PM
Posted to Ind. App.Ct. Decisions