986 N.E.2d 834
Ind. Ct. App.2013Background
- Upham sued Morgan County Hospital and physicians for wrongful death of Wilbur Upham; jury ruled for Hospital.
- Upham’s medical-negligence case centered on alleged failure to diagnose, not treatment modality choices.
- Discovery disputes included interrogatories about physician conduct (substance abuse, personal issues, criminal history) and in-camera materials; motions to compel were denied.
- A juror (Juror 35) who was a friend of a treating physician made inflammatory remarks about medical-malpractice litigation during voir dire; no admonition was given; mistrial motion denied.
- Two jury instructions were challenged: treatment-modality discretion and damages/presumption of negligence; both were given over Upham’s objections.
- Post-trial, Upham sought release of sealed discovery transcripts; court and appellate review denied relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Juror misconduct waivable on voir dire | Upham contends juror’s remarks tainted panel | No admonition requested; invited error | Waived; affirm on this issue |
| Instruction on treatment modalities permissible | Not supported by evidence; case was about failure to diagnose | Evidence supported teaching alternative treatments | Not an abuse of discretion; instruction affirmed |
| Presumption instruction proper | Misleads panel about damages and negligence | Neutral, non-prejudicial language | No abuse; instruction affirmed |
| Discovery rulings appropriate | Trial court erred in denying compulsion | High deference to trial court’s discovery rulings | No abuse of discretion; affirmed |
Key Cases Cited
- Aldana v. School City of East Chicago, 769 N.E.2d 1201 (Ind.Ct.App.2002) (low threshold for jury instruction involving disputed evidence)
- Lewis v. Davis, 410 N.E.2d 1363 (Ind.Ct.App.1980) (neutral damages instruction upheld)
- Miller v. Ryan, 706 N.E.2d 244 (Ind.Ct.App.1999) (waiver of error for failing to request admonition)
- Bardonner v. State, 587 N.E.2d 1353 (Ind.Ct.App.1992) (voir dire and mistrial procedures; admonition issues)
- Allstate Ins. Co. v. Scroghan, 851 N.E.2d 317 (Ind.Ct.App.2006) (deference to discovery rulings; abuse of discretion standard)
- Andreatta v. Hunley, 714 N.E.2d 1154 (Ind.Ct.App.1999) (discovery scope is highly fact-dependent; deference to trial court)