Burns-Kish Funeral Homes, Inc. v. Kish Funeral Homes, LLC, 889 N.E.2d 15(Ind.Ct.App. 2008)
Jun 25, 2008OUTCOME:
Highland, IN
Personal injury Lawyer at Highland, IN
Practice Areas: Personal Injury, Estate Planning, Medical Malpractice
OUTCOME:
OUTCOME: Judgment reversed and remanded
Holding that the hospital physicians' and nurses' conduct and the medical reasons giving rise to infiltration, eschars, and second-degree burns were matters not within the realm of a layperson's knowle ... dge and, thus, require expert testimony. Thus, the Court declined to extend the common knowledge exception to the requirement of expert testimony to establish the applicable standard of care.
OUTCOME: Summary Judgment granted for defendant hospital.
Mr. Walker successfully defended the hospital in a case of first impression in Indiana construing the state's mental health care immunity statute. The court found on summary judgment that the hospita ... l fulfilled its statutory duty to warn potential victims of the patient-inflicted violence which included four homicides and a suicide.
OUTCOME: Jury verdict for defendant hospital
Mr. Walker successfully defended the hospital at trial from a claim of a brachial plexus injury being caused by shoulder dystocia during a delivery.