ILNews

Inmate loses negligence suit on appeal

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed summary judgment for the Adams County sheriff, finding an inmate was unable to make a prima facie case for negligence. The inmate sued after contracting a methicillin-resistant staphylococcus aureus – or MRSA – infection after visiting the hospital.

Adams County Jail inmate Christopher Halterman submitted medical requests concerning boils on his buttock. He went to Adams Memorial Hospital in 2009 for an outpatient surgery. A follow-up check by a nurse practitioner at the jail led to the discovery that Halterman had developed MRSA. This led to multiple surgeries, including a colostomy.

Halterman filed a lawsuit for negligence and included Adams County Sheriff Charles Padgett as a defendant. The defendants moved for summary judgment, which was granted.

At issue in Christopher Halterman v. Adams County Board of Commissioners, Adams County Sheriff, Charles Padgett, Adams County Sheriff's Dept. and Adams County Jail, 01A04-1211-CT-558, is the grant of summary judgment in favor of Padgett and the allowance of an affidavit of Dr. Bev House. The COA ruled that trial court did not abuse its discretion in denying Halterman’s motion to strike the doctor’s affidavit. The doctor reviewed Halterman’s complaint, jail records, hospital records and depositions to make the decision that any different action by the jail would not have prevented the MRSA infection.

“Dr. House relied on the kinds of designated evidence we determined in Bunch (v. Tiwari, 711 N.E. 2d 844, 848 (Ind. Ct. App. 1999)) was appropriate in the medical field, and therefore the trial court did not abuse its discretion when it denied Halterman’s motion to strike Dr. House’s affidavit,” Judge Melissa May wrote.

The judges also agreed with the trial court that the defendants did not cause Halterman’s injuries.

“Halterman has not directed us to any designated evidence that would permit an inference that his injuries were caused by Sheriff Padgett,” May wrote. “In addition, he did not designate any evidence indicating earlier medical intervention or a different treatment strategy would have changed the outcome of his situation.”

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

ADVERTISEMENT