Family did have notice that expert pulmonologist was going to testify as pathologist

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In reviewing a dispute over testimony given by expert witnesses, the Indiana Court of Appeals sees no reason to hold a new trial.  

The Indiana Court of Appeals reversed the trial court’s judgment in Don H. Dumont, M.D. v. Penny Davis and Nicole Anderson as Co-Administratrixes of the Estate of Charmitta Jordan, deceased, 45A05-1207-CT-384. The appeals court found the lower court erred by granting the plaintiffs a new trial.   

Following the death of Charmitta Jordan, her family filed a wrongful death action against Don Dumont, M.D. When the jury returned a verdict for Dumont, the family requested a new trial alleging Dumont’s counsel failed to disclose the identification and opinions of two expert witnesses prior to the disclosure deadline.

In particular, the family contended that Michael Ehrie, M.D., who testified as an expert witness for Dumont, should not have been questioned as a pathologist but only as a pulmonologist.

Dumont argued the family and the court was given advanced notice that his intention was to question Ehrie as a pathologist. Namely, Dumont said he would be asking Ehrie histological opinions and did give the court Ehrie’s curriculum vitae which notes he is a pathologist.

After the family objected to Ehrie’s testimony during the trial, the lower court stopped the questioning of him as a pathologist and struck his testimony, instructing the jury not to consider his opinions as a pathologist.

The court of appeals found the trial court abused its discretion when it excluded Ehrie’s entire testimony as a pathologist.

The COA conceded that although the intention to examine Ehrie was disclosed well beyond the pre-trial order’s deadline, the notice was still made six months before the trial date, giving the family more than enough time to depose the doctor.

Also, the appeals court pointed out that during the pre-trial hearing, the family indicated they suspected Ehrie would be examined outside of his previously disclosed expertise in pulmonology but, still, they did not change their preparations for trial.   

In addition, even if Dumont committed misconduct, that error was corrected when the family objected leading the trial court to exclude the testimony and admonish the jury to disregard Ehrie’s statements.



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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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