Larry R. David, II v. William Kleckner, M.D. - 2/6/14

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Thursday  February 6, 2014 
10:30 AM  EST

10:30 a.m. No. 49A02-1301-MI-13 . When the defendant sought summary judgment on grounds that the Medical Malpractice Act’s two-year statute of limitations bars the plaintiff’s complaint, the Marion Superior Court granted the defendant summary judgment. The Court of Appeals affirmed, holding the trial court properly found that statute of limitations bars the malpractice claim and that the doctrine of fraudulent concealment does not prevent the defendant from asserting the statute of limitations. David v. Kleckner, No. 49A02-1301-MI-13 (Ind. Ct. App. June 14, 2013) (NFP mem. dec.). The plaintiff has petitioned the Supreme Court to accept jurisdiction over the appeal.

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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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