Legal Opinion

Cavens v. Zaberdac

Indiana Supreme Court

Decided June 22, 2006No. 45S03-0505-CV-239PublishedCited by 62 opinions

1Opinion of the Court

On Petition To Transfer from the Indiana Court of Appeals, No. 45A03-0312-CV-516

DICKSON, Justice.

The primary appellate issue in this medical malpractice case is whether the trial court erred by prohibiting the physician from asserting the patient’s conduct prior to the alleged malpractice as a contributory negligence defense. We affirm the judgment of the trial court.

*528Following the death of his wife, Peggy Miller, Tim Zaberdac, individually and as administrator of her estate, commenced this medical malpractice action against Robert Cavens, M.D., and others. The case proceeded to trial only…

2Cases cited29 opinions

  1. Mercer v. Vanderbilt University, Inc.Tennessee Supreme Court · 2004
  2. Memorial Hospital of South Bend, Inc. v. ScottIndiana Supreme Court · 1973
  3. Jensen v. Archbishop Bergan Mercy HospitalNebraska Supreme Court · 1990
  4. Wal-Mart Stores, Inc. v. WrightIndiana Supreme Court · 2002
  5. Smith v. BaxterIndiana Supreme Court · 2003

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3Cited by62 opinions

  1. Raess v. DoescherIndiana Supreme Court · 2008
  2. Palmer v. Comprehensive Neurologic Services, P.C.Indiana Court of Appeals · 2007
  3. Indiana Department of Environmental Management v. Raybestos Products Co.Indiana Supreme Court · 2008
  4. Gregory F. Zoeller, Attorney General and Rick J. Ruble, Commissioner of the In. Dept. of Labor v. James M. Sweeney, David A. Fagan, Charles SeversIndiana Supreme Court · 2014
  5. Spar v. ChaIndiana Supreme Court · 2009

57 more not listed; retrieve them via the Exa API.

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