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Anonymous Healthcare Provider 1, et al. v. Diana Foust
No. 25A-CT-3212
Appeal from the Hamilton Superior Court, Magistrate P. Chadwick Hill. The court affirmed the trial court’s decision that the Indiana Medical Malpractice Act does not apply to Diana Foust’s negligence claims arising from the erroneous identification of her late husband as a registered organ donor. The court concluded that the act of searching the donor registry did not constitute “health care” as it was not intended to benefit the health of the deceased. However, it reversed the trial court’s denial of summary judgment for the hospital, finding that it did not owe a duty to search the registry under the Revised Uniform Anatomical Gift Act. Judge Weissmann authored the opinion, with Judges Altice and Foley concurring. Appellants’ attorneys: Inge Verstraeten Porter, Ronald A. Mingus, Reminger Co. L.P.A., Indianapolis; Stacey L. Hanefeld, Melanie A. Kalmbach, Drewry Simmons Vornehm LLP, Carmel. Appellee’s attorneys: Katherine A. Piscione, Ann Marie Waldron, Waldron Tate Land LLC, Indianapolis.
Indiana Court of Appeals
Jean-Paul B. Kalonji v. Burford Diesel Truck and Trailer Repair LLC
No. 26A-SC-896
Appeal from the Allen Superior Court, Magistrate Michael T. Douglass. The court dismissed Kalonji’s appeal concerning a judgment granted to Burford Diesel Truck and Trailer Repair against LaRoche Carrier LLC, as Kalonji was not a party to the underlying action and lacked standing to appeal. Kalonji is the owner of LaRoche Carrier, but the court noted that the record does not show he has ever been an individual party to the action. The court noted that an individual must be a party in the trial court to pursue an appeal and determined that Kalonji’s claims regarding his status were not supported by the record. Judge Kenworthy authored the opinion, with Judges Mathias and DeBoer concurring. Appellant pro se: Jean-Paul B. Kalonji, Fort Wayne.
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