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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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