Legal Opinion
Stumph v. Foster
Indiana Court of Appeals
Decided June 30, 1988No. 49A04-8707-CV-231PublishedCited by 25 opinions
1Opinion of the Court
MILLER, Presiding Judge.
Louise Stumph appeals from summary judgment entered against her in a malpractice action against chiropractor, R.W. Foster, claiming that during treatment for migraine headaches he negligently broke her rib. The trial court concluded that Stumph failed to make out a prima facie case by failing to present expert testimony establishing the standard of care. Stumph contends that expert testimony is unnecessary because lay persons are competent to infer negligence from the result she received from Foster's treatment. We agree and reverse.
FACTS
Stumph visited Foster's office…
2Cases cited20 opinions
- Miller v. GrieselIndiana Supreme Court · 1974
- Bassett v. GlockIndiana Court of Appeals · 1977
- Woods v. BrumlopNew Mexico Supreme Court · 1962
- Bardessono v. MichelsCalifornia Supreme Court · 1970
- Doe v. BarnettIndiana Court of Appeals · 1969
15 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Toogood v. RogalSupreme Court of Pennsylvania · 2003
- Watson v. Medical Emergency Services, Corp.Indiana Court of Appeals · 1989
- Bunch v. TiwariIndiana Court of Appeals · 1999
- Malooley v. McIntyreIndiana Court of Appeals · 1992
- Gold v. IshakIndiana Court of Appeals · 1999
20 more not listed; retrieve them via the Exa API.