Jackson v. Trancik, 953 N.E.2d 1087

Dr. Trancik provided medical services to Jackson Feb 26–Mar 9, 2007, including two office visits and shoulder surgery with four procedures in one operation.
Total bill for services was $11,147; Jackson paid a $20 co-payment and insurer paid $5,875, leaving $5,252 outstanding.
November 2009, Dr. Trancik filed suit on an account stated seeking the remaining balance.
Jackson opposed summary judgment and designated evidence including Christine Lewis’s affidavit, asserting misbilling by Dr. Trancik in the amount of $3,700.50.
Trial court struck Lewis’s affidavit and granted summary judgment for $5,252 plus pre-judgment interest and costs.
On appeal, court reversed and remanded, holding the trial court abused its discretion in striking the affidavit and that a genuine issue of material fact exists as to the amount owed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion in striking the Lewis affidavit.	Jackson contends Lewis is qualified to opine on billing accuracy.	Trancik argues Lewis is inadmissible or unqualified to render billing expert testimony.	Yes; the court abused its discretion.
Whether a genuine issue of material fact remains as to the amount Jackson owes.	Lewis’s affidavit shows overcharging by $3,700.50, leaving a disputed balance.	The billed amount reflects the correct account stated balance.	Yes; a genuine issue of material fact remains.

Washington County Mem'l Hosp. v. Hattabaugh, 717 N.E.2d 929 (Ind. Ct. App. 1999) (prima facie proof of amount owed on an account stated; burden shifts to debtor if no objection)
Galloway v. Methodist Hosps., Inc., 658 N.E.2d 611 (Ind. Ct. App. 1995) (whether evidence supports that billed amounts were usual, customary, and reasonable)
Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009) (reasonable value of medical services; admissibility of medical billing testimony)
Kroger Co. v. Plonski, 930 N.E.2d 1 (Ind. 2010) (standard for reviewing admissibility of expert affidavits in summary judgment)
Madison County Bank & Trust Co. v. Kreegar, 514 N.E.2d 279 (Ind. 1987) (weighing conflicting evidence; summary judgment improper when fact-finder must resolve conflicts)
Auffenberg v. Bd. of Trustees of Columbus Reg'l Hosp., 646 N.E.2d 328 (Ind. Ct. App. 1995) (implied agreement from account statement if debtor does not object in reasonable time)