Legal Opinion
Kathy L. Siner, Personal Representative of the Estate of Geraldine A. Siner v. Kindred Hospital Limited Partnership, d/b/a Kindred Hospital of Indianapolis
Indiana Supreme Court
Decided April 28, 2016No. 49S05-1604-CT-219PublishedCited by 64 opinions
1Opinion of the Court
On Petition to Transfer from the Indiana Court of Appeals, No. 49A05-1404-CT-165
RUSH, Chief Justice.
To obtain summary judgment in Indiana, a moving party must demonstrate the absence of any genuine issue of material fact on at least one element of the opposing party’s claim. Conflicting affidavits regarding an element of a claim cannot satisfy this burden because they create a disputed factual issue that must be resolved at trial.
In this medical malpractice case, the defendants’ own designated evidence revealed conflicting medical opinions on the element of causation. Because these…
2Cases cited21 opinions
- Antonio Hughley v. State of Indiana, The Consolidated City of Indianapolis/Marion County, and The Indianapolis Metropolitan Police DepartmentIndiana Supreme Court · 2014
- Jarboe v. Landmark Community Newspapers of Indiana, Inc.Indiana Supreme Court · 1994
- Ayres v. Indian Heights Volunteer Fire Department, Inc.Indiana Supreme Court · 1986
- Jordan v. DeeryIndiana Supreme Court · 1993
- Mary Alice Manley, and Gary Manley v. Ryan J. Sherer, M.D., and Sherer Family Medicine, P.C.Indiana Supreme Court · 2013
16 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Robin Austin v. Walgreen CompanyCourt of Appeals for the Seventh Circuit · 2018
- Celadon Trucking Services, Inc. v. Charles Wilmoth and Kent Vassey, on behalf of themselves and all others similarly situatedIndiana Court of Appeals · 2017
- Angela Brewer, Individually and as Personal Representative of the Estate of Rickey A. Brewer v. PACCAR, Inc. d/b/a Peterbilt Motors Co.Indiana Supreme Court · 2019
- Thomas Hudgins and Sheila Hudgins v. Brian Bemish, Ideal Heating Air Conditioning and Refrigeration, Inc.Indiana Court of Appeals · 2016
- GHPE Holdings, LLC, d/b/a Godby Heating Plumbing Electrical v. Jason HuxleyIndiana Court of Appeals · 2017
59 more not listed; retrieve them via the Exa API.