Legal Opinion

Cain v. Back

Indiana Court of Appeals

Decided July 21, 2008No. 20A03-0705-CV-225PublishedCited by 3 opinions

1Opinion of the Court

OPINION

ROBB, Judge.

Case Summary and Issues

Following a jury trial, Dr. Jeffrey Cain, M.D., appeals the trial court’s judgment awarding Richard and Suzette Back $800,000 in damages on their claim of medical malpractice relating to the stillbirth of their daughter, C.B. On appeal, Dr. Cain raises two issues, which we restate as 1) whether the trial court properly excluded opinion testimony from two treating physicians and 2) whether the trial court properly excluded letters that the Backs’ counsel wrote to the same two treating physicians shortly before trial began. Concluding that the trial…

2Cases cited19 opinions

  1. Mischelle Musser and Michael Musser v. Gentiva Health Services, F/k/a Olsten Health ServicesCourt of Appeals for the Seventh Circuit · 2004
  2. Monroe Guaranty Insurance Co. v. Magwerks Corp.Indiana Supreme Court · 2005
  3. Kubsch v. StateIndiana Supreme Court · 2003
  4. Cahoon v. CummingsIndiana Supreme Court · 2000
  5. Canfield v. SandockIndiana Supreme Court · 1990

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3Cited by3 opinions

  1. Schrenker v. StateIndiana Court of Appeals · 2010
  2. In Re The Paternity of B.B., R.B. v. T.J.Indiana Court of Appeals · 2013
  3. In the Matter of T.D., A Child Alleged To Be In Need Of Services, W.D., Father v. The Indiana Department of Child Services (mem. dec.)Indiana Court of Appeals · 2015

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