Legal Opinion
Cavens v. Zaberdac
Indiana Court of Appeals
Decided January 20, 2005No. 45A03-0312-CV-516PublishedCited by 4 opinions
1Opinion of the Court
OPINION
BARNES, Judge.
Case Summary
Dr. Robert Cavens appeals the entry of judgment against him in the amount of $750,000 in a medical malpractice action brought by Tim Zaberdac, individually and as administrator of the estate of Peggy Miller. We reverse and remand.
Issue
The issue we address today is whether the trial court erred in granting Zaber-dae's motion for judgment on the evidence with respect to Dr. Cavens' claim of contributory negligence on Miller's part. 1
Facts
Because courts must view the evidence in a light most favorable to the non-movant when reviewing the grant of a motion for…
2Cases cited27 opinions
- Mercer v. Vanderbilt University, Inc.Tennessee Supreme Court · 2004
- Elder v. FisherIndiana Supreme Court · 1966
- Memorial Hospital of South Bend, Inc. v. ScottIndiana Supreme Court · 1973
- Matthews v. WillifordDistrict Court of Appeal of Florida · 1975
- Fall v. WhiteIndiana Court of Appeals · 1983
22 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Krklus v. StanleyAppellate Court of Illinois · 2005
- Sawlani v. MillsIndiana Court of Appeals · 2005
- Krklus v. StanleyAppellate Court of Illinois · 2005
- Sawlani v. MillsIndiana Court of Appeals · 2005