Indiana Appeals

TRIAL COURT ABUSED ITS DISCRETION IN FINDING THAT THE ADMISSIBLE PORTIONS OF AFFIDAVIT OF MEDICAL EXPERT WERE LEGALLY INSUFFICIENT TO ESTABLISH A GENUINE ISSUE OF MATERIAL FACT

In Teresa C. Mills v. Carlos Berrios, M.D. & Clarian Health Partners the Indiana Court of Appeals reversed the trial court's motion for summary judgment in a medical malpractice case.  After knee surgery the plaintiff developed an ulcer on her heel caused by the cast.  The plaintiff's witness stated in an affidavit that the doctor did not comply with the appropriate standard of care (one of the elements of medical malpractice claim) however the lower court held that it was not sufficient to rebut the medical panel's opinion that the evidence did not establish that the healthcare providers failed to comply with the appropriate standard of care.  However, the Court of Appeals disagreed and reversed the Motion for Summary Judgment. 

INDIANA RECOGNIZES CONSTRUCTIVE DISCHARGE FOR AN EMPLOYEE THAT CAN SHOW HE WAS FORCED TO RESIGN AS A RESULT OF EXERCISING A STATUTORILY CONFERRED RIGHT

In Randy Tony v. Elkhart County the Indiana Court of Appeals held that the trial court erred by dismissing the plaintiff's complaint that he was constructively discharged in retaliation for a Worker's Compensation claim.  The Plaintiff was involved in two work related accidents.  The plaintiff alleged that his employment ended when he was constructively discharged because his employer became hostile toward him because of his Worker's Compensation claims.  The Plaintiff filed a complaint for constructive retaliatory discharge, and the Defendant filed a motion to dismiss for failure to state a claim because Indiana does not recognize constructive discharge and the motion was granted.  The Plaintiff appealed the motion.  The Court of Appeals decided to recognize constructive discharge as part of the public policy exception to at will employment and an employee can raise it in the context of a retaliatory discharge claim against his employer, and thus the Court reversed the Trial Court's motion to dismiss the complaint for failure to state a claim.