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Jennifer T. (Garnet) Behrens, M.D., and Emergency Medicine of Eastern Indiana, P.C. v. Jerry O. Warren
No. 25A-CT-655
Appeal from the Wayne Circuit Court, Judge April R. Drake. Medical defendants appeal from a jury verdict in favor of Jerry O. Warren in a medical malpractice lawsuit, asserting that the trial court abused its discretion in admitting a photograph as evidence and denying their motion for a mistrial based on alleged juror tampering. The court found that the photograph, which was deemed admissible, did not violate evidentiary rules as it was properly authenticated by witness testimony reflecting its accuracy. The court also determined the trial court acted within its discretion by rejecting the mistrial motion due to the isolated nature of the juror’s disclosure and lack of impact on other jurors. The judgment is affirmed. Judge Pyle authored the opinion, with Judge Mathias concurring and Judge Vaidik concurring in part and concurring in result in part, expressing agreement with the mistrial decision but suggesting a different analysis on the evidentiary issue. Appellants’ attorneys: Michael E. O’Neill and Kelly K. McFadden, O’Neill McFadden & Willett LLP, Schererville. Appellee’s attorneys: Lance D. Cline and Lindsay N. Popejoy, The Cline Law Firm LLC, Carmel.
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