Panel disagrees in admitting expert testimony

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The Indiana Court of Appeals ruled today that a trial court didn't err in allowing into evidence an injured woman's testimony about medical tests and the cause of her pain. The judges did disagree about whether the court erred in granting the woman's motion to strike portions of the defendant's expert medical witness's testimony.

Amanda Cave was injured in a car accident when Eric Sibbing's car slammed into the back of hers as she slowed while driving. At the time of the accident, she told responders she didn't need an ambulance, but as the days went on the pain in her foot and back became worse so she sought medical treatment. She eventually visited a chiropractor and underwent a nerve conduction study.

Cave filed her negligence suit against Sibbing, who admitted fault for the crash. The trial court granted her motion to strike portions of the testimony of Sibbing's expert medical witness, Dr. Paul Kern, who said the nerve conduction study and chiropractic care were unnecessary. The jury awarded her $71,675 for damages.

On appeal in Eric P. Sibbing v. Amanda N. Cave, No. 49A02-0802-CV-165, Sibbing challenged the decision by the trial court to admit certain testimony by Cave's witnesses and to exclude portions of Kern's testimony.

The judges, citing Coffey v. Coffey, 649 N.E.2d 1074, 1078 (Ind. Ct. App. 1995), ruled the trial court didn't appear to err in admitting Cave's testimony about what her doctor had told her about diagnostic tests and the cause of her pain. Most of the information to which Cave testified was presented to the jury through other exhibits or witnesses, wrote Judge Paul Mathias.

Chief Judge John Baker dissented from Judges Mathias and Elaine Brown's ruling that the trial court didn't abuse its discretion in granting Cave's motion to strike Kern's testimony. In his dissent, the chief judge wrote he disagreed with the majority's view that the holding in Whitaker v. Kruse, 495 N.E.2d 233 (Ind. Ct. App. 1986), precludes a defendant from calling an expert witness to render an opinion as to whether all of a plaintiff's treatments were reasonable or necessary under the circumstances.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.