Search Results

Indiana Court of Appeals 

Caryl Rosen v. Community Healthcare System d/b/a Community Hospital 

24A-CT-1463

Civil tort. Affirms Lake Superior Court Judge Rehana Adat-Lopez’s judgment on precluding Caryl Rosen from eliciting testimony about the adequacy of the hospital’s investigation. Finds the trial court did not abuse its discretion when it excluded evidence of the adequacy of the hospital’s post-fall investigation. Reverses the trial court’s judgment on finding the hospital did not engage in spoliation of evidence and refused a spoliation jury instruction. Finds the trial court erred when it ruled that the hospital did not engage in spoliation of evidence based on its failure to preserve all of its video recordings of the main entrance and the hospital’s lobby at the time of Rosen’s fall. Also finds the trial court erred by refusing to give the proffered jury instruction regarding spoliation. Remands for a new trial at which evidence regarding spoliation will be permitted, the jury instruction regarding spoliation will be given and the trial court will determine what additional sanctions, if any, are appropriate due to the hospital’s spoliation of evidence. Attorneys for appellant: Angela Jones and Steve Sersic. Attorneys for appellee: Gregory Crisman and Zachary Peifer.

Indiana Court of Appeals
Dele Omije v. Bethany Whilby-Omije
24A-DR-2217
Domestic relations without children. Affirms Hendricks Superior Court Judge Ryan Tanselle’s order finding Dele Omije in contempt and ordering him to sell a marital asset—a home in California—and equally divide the proceeds from the sale of the home with Bethany Whilby-Omije. Finds that because Omije presented no evidence of the post-dissolution expenses he incurred on the California home, the trial court did not abuse its discretion by failing to credit him for any such expenses. Also finds the trial court did not assign any value to the California home and simply ordered Omije to sell the home and split the proceeds evenly with Whilby-Omije. Attorney for appellant: Julie Camden. No attorney listed for appellee.