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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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