Justices divided on proper sanction for attorney actions

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The majority of Indiana Supreme Court justices found the trial court was within its discretion to dismiss a personal injury action because of the plaintiff’s attorney’s actions.

In Rickey D. Whitaker v. Travis M. Becker, No. 02S03-1201-CT-27, the justices granted transfer to the Allen County case, but came to different conclusions as to how the actions of Rickey Whitaker’s attorney should be handled. Whitaker filed a personal injury lawsuit against Travis Becker following a car accident. Whitaker’s attorney ignored repeated requests to provide information about his client’s medical treatment, and when he did respond, the attorney gave false and misleading information. Whitaker claimed he was waiting to have back surgery because he didn’t have any money to pay for the surgery when at the time of the sworn response, he already had the surgery scheduled.

Becker’s attorney didn’t find out about the surgery until Whitaker’s attorney sent a letter – the day the surgery happened. Becker’s counsel argued that the surgery seriously undermined the value of a post-operative examination in helping to establish whether the accident or Whitaker’s preexisting degenerative disc disease caused his bulging disc condition because the surgery would have removed part of the disc.

The Allen Circuit Court granted Becker’s attorney’s request for dismissal of the case. The Indiana Court of Appeals reversed, reinstating the case and ordering Whitaker pay $625 of Becker’s attorney fees. Justice Frank Sullivan agreed with the COA’s decision, but three of the justices agreed that the trial court’s dismissal was the appropriate action.

“We think an experienced trial judge could easily conclude that a surgery to remove a disc and fuse two vertebrae together would generate evidentiary problems for a defendant trying to prove that the plaintiff’s need for surgery really resulted from a preexisting condition — a degenerative disc disease,” wrote Chief Justice Randall T. Shepard for the majority.

Justice Robert Rucker also dissented without opinion.



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

  2. 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.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...