ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

 
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

ADVERTISEMENT