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Justices disagree about evidence issue

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Indiana Supreme Court Chief Justice Randall T. Shepard didn't agree with his colleagues' decision that a defendant couldn't introduce evidence to dispute the judgment of an injured plaintiff's medical providers in choosing certain treatment.

In his concurring-in-result opinion, the chief justice believed the holding that a responding party is barred from challenging whether bills submitted in accordance with Evidence Rule 413 actually reflect reasonable and necessary treatment will create issues when ruling whether the expenses were reasonable and necessary.

"... the breadth of today's ruling will lead future judges and juries to work injustices at the very moment when judgment is most needed to hold to account providers at the edge of reasonably necessary treatment, or beyond it," he wrote to explain why he declined to join in the "Sibbing rule" created by the other justices.

In Eric P. Sibbing v. Amanda N. Cave, No. 49S02-0906-CV-275, Eric Sibbing argued that the trial court erred in allowing Amanda Cave to testify about what she was told by her treating physician and her own beliefs on the cause of her pain; and by excluding medical-necessity evidence from Sibbing's expert witness. Sibbing rear ended Cave's car, injuring her. She sought treatment first from Dr. Muhammad Saquib at a medical clinic and later received treatment from Dr. Ronald Sheppard at a chiropractic practice.

Cave claimed portions of testimony by Sibbing's expert witness were properly excluded because they were contrary to Whitaker v. Kruse, 495 N.E.2d 223 (Ind. Ct. App. 1986). Sibbing contended if Whitaker is applicable, then a defendant wouldn't ever be able to refute a plaintiff's claim that medical bills were reasonable and necessary.

The justices held that the phrase "reasonable and necessary," as a qualification for damages recoverable by an injured party, means that the amount of medical expense claimed must be reasonable, and that the nature and extent of the treatment claimed must be necessary in the sense that it proximately resulted from the wrongful conduct of another. They also held the rule in Whitaker is a correct application of the "scope of liability" component of proximate cause.

Sibbing didn't assert that Cave failed to show, but for the collision, the challenged treatment would not have occurred. Instead, Sibbing challenged the medical judgment of Cave's doctors in choosing to administer the questioned treatment, which he can't do, the majority of justices concluded.

The justices unanimously agreed that Cave's testimony about what Saquib told her about her injuries should not have been admitted under Indiana Evidence Rule 803(4). They disagreed with and disapproved of the holding in Coffey v. Coffey, 649 N.E.2d 1074 (Ind. Ct. App. 1995), in which the Indiana Court of Appeals concluded a letter from a doctor regarding a husband's diagnosis, treatment, and inability to work fell within Rule 803(4), and allowed it to be admitted.

"While Rule 803(4) does not expressly identify which declarants' medical statements are intended to be treated as a hearsay rule exception, we hold that the Rule is intended and should apply only to statements made by persons who are seeking medical diagnosis or treatment," wrote Justice Brent Dickson.

As such, Cave's testimony should have been excluded because it didn't qualify as an exception to the hearsay rule. But the admission was cumulative, didn't affect Sibbing's substantial rights, and doesn't require reversal because of the substantial medical confirmation provided through medical records and other testimony admitted without objection.

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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