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Saturday, December 09, 2006
Ind. Decisions - More on workplace bullying decision
More on yesterday's Court of Appeals ruling in In Daniel H. Raess, M.D. v. Joseph E. Doescher (see ILB entry here - 3rd case). Jeff Swiatek of the Indianapolis Star writes:
A workplace bullying judgment against an Indianapolis heart surgeon that drew national attention last year was struck down Friday by the Indiana Court of Appeals.The court reversed the civil jury award of $325,000 against Dr. Daniel H. Raess, former chief heart surgeon at St. Francis Hospital, for verbally assaulting a hospital staffer. The case was sent back to Marion Superior Court for retrial.
The appeals court said the judgment shouldn't stand because the lower court allowed testimony that unfairly prejudiced the jury against Raess.
The disputed testimony by Gary Namie, director of the Workplace Bullying & Trauma Institute in Washington state, "allowed the jury to infer that Raess committed assault because that is what 'bullies' do," the appeals court said in its eight-page ruling.
The court also faulted Superior Court Judge Cale Bradford for failing to instruct the jury that there is no legal basis for a claim of workplace bullying.
Posted by Marcia Oddi on December 9, 2006 12:09 PM
Posted to Ind. App.Ct. Decisions