Parkerson v. Arthur

I agree that this case must be affirmed, but write separately to express my concern that Gail Parkerson has been made, through the mechanism of summary judgment, to jump through the same hoop twice. The affidavit of her expert witness, now deceased, established that there was a genuine issue of material fact on the question of informed consent, as this court so held in reversing the trial court’s first grant of summary judgment. In Reeder v. Harper, 788 N.E.2d 1236 (Ind. 2003), a case factually similar to Parkerson’s, the Supreme Court of Indiana reversed a grant of summary judgment, holding…