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Monday, March 27, 2006

Ind. Decisions - Court of Appeals issues four today

In Timothy Rood v. Mobile Lithotripter of IN., Ltd., Union Hospital and Mahmoud S. Saber, a 10-page opinion, Judge Barnes writes:

On October 29, 1999, Rood was injured as he was transported into a mobile lithotripsy facility to treat kidney stones. Rood was under general anesthesia at the time. On June 28, 2004, the medical review panel unanimously concluded that neither the anesthesiologist, Dr. Mahmoud Saber, nor Union failed to meet the applicable standard of care. Notwithstanding the opinion of the medical review panel, Rood filed a complaint alleging negligence against Dr. Saber and Union. * * *

Rood did not designate evidence specifically in opposition to Union’s motion for summary judgment and did not establish material issues of fact for trial. We affirm.

Eric Beaman v. Ramona Beaman - dissolution agreement

In State of Indiana v. Deborah Lefevers, a 12-page opinion, Judge Barnes writes:

Officer Swick’s conduct in this case violated neither the Fourth Amendment to the United States Constitution nor Article 1, Section 11 of the Indiana Constitution. The trial court’s ruling ordering suppression of evidence and dismissal of the State’s case was contrary to law. We reverse.
In Mahendra Singh v. Rashmi Singh, a 13-page opinion, Judge May writes:
Mahendra Singh (“Husband”) appeals the trial court’s denial of his motion for relief. He raises three issues, of which we find one dispositive: whether the trial court correctly interpreted an agreed entry that resolved spousal support issues following the dissolution of Husband’s marriage to Rashmi Singh (“Wife”). On cross-appeal, the State asserts the trial court did not have jurisdiction to address Husband’s motion for relief. We reverse and remand.

Posted by Marcia Oddi on March 27, 2006 10:47 AM
Posted to Ind. App.Ct. Decisions