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Justices divided on proper sanction for attorney actions

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The majority of Indiana Supreme Court justices found the trial court was within its discretion to dismiss a personal injury action because of the plaintiff’s attorney’s actions.

In Rickey D. Whitaker v. Travis M. Becker, No. 02S03-1201-CT-27, the justices granted transfer to the Allen County case, but came to different conclusions as to how the actions of Rickey Whitaker’s attorney should be handled. Whitaker filed a personal injury lawsuit against Travis Becker following a car accident. Whitaker’s attorney ignored repeated requests to provide information about his client’s medical treatment, and when he did respond, the attorney gave false and misleading information. Whitaker claimed he was waiting to have back surgery because he didn’t have any money to pay for the surgery when at the time of the sworn response, he already had the surgery scheduled.

Becker’s attorney didn’t find out about the surgery until Whitaker’s attorney sent a letter – the day the surgery happened. Becker’s counsel argued that the surgery seriously undermined the value of a post-operative examination in helping to establish whether the accident or Whitaker’s preexisting degenerative disc disease caused his bulging disc condition because the surgery would have removed part of the disc.

The Allen Circuit Court granted Becker’s attorney’s request for dismissal of the case. The Indiana Court of Appeals reversed, reinstating the case and ordering Whitaker pay $625 of Becker’s attorney fees. Justice Frank Sullivan agreed with the COA’s decision, but three of the justices agreed that the trial court’s dismissal was the appropriate action.

“We think an experienced trial judge could easily conclude that a surgery to remove a disc and fuse two vertebrae together would generate evidentiary problems for a defendant trying to prove that the plaintiff’s need for surgery really resulted from a preexisting condition — a degenerative disc disease,” wrote Chief Justice Randall T. Shepard for the majority.

Justice Robert Rucker also dissented without opinion.

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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