Mary Barrix and Joe Barrix, Jr. v. Kristopher Jackson and Graves Plumbing Co. Inc.
973 N.E.2d 22
Ind. Ct. App.2012Background
- Mary Barrix was injured in a May 24, 2007 car collision with Kristopher Jackson, who was Graves Plumbing Co. employee driving within the scope of his employment.
- Barrixes retained neurologist Dr. Fulton in 2009 who concluded Mary had a 1% permanent partial impairment from ongoing pain.
- Barrixes filed negligence suit on May 4, 2009; trial scheduled for January 2012.
- At Dr. Fulton’s January 10, 2012 deposition, defendants objected to testimony based on medical records not authenticated.
- During trial, the court excluded Dr. Fulton’s deposition testimony and Mary’s medical records and bills; the Barrixes rested and appealed the ruling.
- The appellate court affirmed, holding the exclusion of unauthenticated records was invited error and the evidence was insufficient to support judgment on the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Dr. Fulton’s deposition based on unauthenticated records | Barrixes contend records authentication not required for expert reliance | Defendants contend records not authenticated; deposition improperly relied on | Harmless error; no reversible error due to insufficient evidence anyway |
| Admissibility of medical bills and records under Rule 413/803 | Bills relied on as prima facie evidence of reasonableness | Bills not authenticated as business records; waived due to absence of foundation | Exclusion upheld; error harmless and not reversible |
Key Cases Cited
- Miller v. State, 575 N.E.2d 272 (Ind. 1991) (substrata of information may be admissible if independently evaluated by expert)
- Faulkner v. Markkay of Indiana, Inc., 663 N.E.2d 798 (Ind. Ct. App. 1996) (non-physician experts cannot relay physician records; cross-examination concerns)
- Schmidt v. State, 816 N.E.2d 925 (Ind. Ct. App. 2004) (physician testimony not to be a mere conduit for hearsay)
- Cook v. Whitsell-Sherman, 796 N.E.2d 271 (Ind. 2003) (hearsay issues; medical bills admissibility; Rule 413 relevance and hearsay limits)
- Estate of Dyer v. Doyle, 870 N.E.2d 573 (Ind. Ct. App. 2007) (business records authentication required for admissibility of records)
- Weinberger v. Boyer, 956 N.E.2d 1095 (Ind. Ct. App. 2011) (abuse of discretion standard; harmless error analysis)
- Kirchoff v. Selby, 703 N.E.2d 644 (Ind. Ct. App. 1998) (judgment on the evidence standard; substantial evidence required)
- Kincade v. MAC Corp., 773 N.E.2d 909 (Ind. Ct. App. 2002) (elements of negligence; need for specific facts or reasonable inferences)