Court correct in allowing into evidence injured woman’s testimony about medical tests and cause of pain

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Eric P. Sibbing (Sibbing) appeals the judgment of the Marion Superior Court in favor of Amanda N. Cave (Cave), individually and as the mother and guardian of Mercy M. Cave (Mercy), in Cave’s negligence action against Sibbing stemming from an automobile accident. On appeal, Sibbing presents two issues:

(1) Whether the trial court erred in allowing into evidence testimony from Cave regarding medical test results and the cause of her pain, and

(2) Whether the trial court erred in granting Cave’s motion to strike portions of the testimony of Sibbing’s expert medical witness.

Conclusion (slip op. at 14-15):  The trial court did not err in permitting Cave to testify as to what her physician told her about diagnostic tests and the cause of her pain. Even if this testimony did not fall within the hearsay exception contained in Evidence Rule 803(4), its admission is harmless because it was cumulative of other evidence, the admissibility of which is unchallenged on appeal. Further, Sibbing may not seek to reduce his liability by challenging the specific course of treatment chosen by Cave’s medical care providers to treat the injuries caused by Sibbing’s negligence. Therefore, the trial court did not err in striking those portions of Dr. Kern‟s testimony in which he opined that certain treatments chosen by Cave’s medical care providers was unnecessary.  Affirmed.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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