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The Indiana Court of Appeals found that a Vanderburgh Superior Court abused its discretion and improperly issued a summary judgment in a medical malpractice suit.
In an opinion issued Oct. 2, the appellate court reversed and remanded the trial court’s summary judgment against plaintiff Jesse Oglesby who claimed that anesthesia-related complications caused wife, Nancy’s 2018 death.
The appellate court noted that the trial court abused its discretion by striking the affidavit of an expert physician and that it erred in granting a summary judgment to the providers, who are not named in the court’s opinion.
Oglesby filed the affidavit on Aug. 22, 2025, which the trial court struck on Dec. 17, 2025, saying the time for additional expert affidavits had passed. The affidavit responded to the affidavit of physician on the opposite side. The trial court then issued a summary judgment in favor of the providers.
The opposing physician affidavit presented “genuine issues of material fact,” the opinion states. A summary judgment for the care providers was inappropriate in such circumstances. By excluding a response from Oglesby while admitting the Defendants’ records, the trial court abused its discretion, according to the opinion.
The case is Jesse Oglesby v. Unnamed Physician, et. al, 26A-CT-143.
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