ILNews

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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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