Legal Opinion
McSwane v. Bloomington Hospital & Healthcare System
Indiana Supreme Court
Decided November 30, 2009No. 53S04-0808-CV-420PublishedCited by 77 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
The estate of a domestic violence victim whose former husband killed her on the way home after she insisted on leaving the hospital with him sued the hospital and the treating physician for her death. The trial court granted summary judgment on the basis of lack of duty and contributory negligence. We affirm.
Facts and Procedural History
Judge Mary Ellen Diekhoff has entered an excellent set of findings with her order that describe the circumstances of a serious tragedy.
On the morning of November 25, 2002, Malia Vandencede and Monty Vanden-eede, divorced but still living…
2Cases cited9 opinions
- Blake v. Calumet Construction Corp.Indiana Supreme Court · 1996
- Funston v. School Town of MunsterIndiana Supreme Court · 2006
- Ward v. First Indiana Plaza Joint VentureIndiana Court of Appeals · 2000
- Auler v. Van NattaIndiana Court of Appeals · 1997
- Lawson v. Lafayette Home Hospital, Inc.Indiana Court of Appeals · 2002
4 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Antonio Hughley v. State of Indiana, The Consolidated City of Indianapolis/Marion County, and The Indianapolis Metropolitan Police DepartmentIndiana Supreme Court · 2014
- Collins v. Al-ShamiCourt of Appeals for the Seventh Circuit · 2017
- B&R Oil Company, Inc., Empire Petroleum Partners, LLC, and EPP-Atlas Acquisitions, LLC v. William E. Stoler, Kathlyn Stoler, Jeffrey A. Levy, and Con-Serve, Inc.Indiana Court of Appeals · 2017
- Andrew Meyer v. Beta Tau House Corporation, Beta Tau of Sigma Pi, Sigma Pi Fraternity International, Inc., and Quentin CalderIndiana Court of Appeals · 2015
- Gerdon Auto Sales, Inc. and William L. Gerdon v. John Jones Chrysler Dodge Jeep Ram, a/k/a John Jones Automotive Group and John Jones Chrysler City, Inc.Indiana Court of Appeals · 2018
72 more not listed; retrieve them via the Exa API.