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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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