05160002.smb.doc - FOR PUBLICATION ATTORNEY FOR APPELLANT GREGORY COATES TERRY KAISER PARK Caplin Pehler Park Tousley P.C Indianapolis Indiana ATTORNEYS

05160002.smb.doc - FOR PUBLICATION ATTORNEY FOR APPELLANT...

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FOR PUBLICATION ATTORNEY FOR APPELLANT : ATTORNEYS FOR APPELLEES GREGORY HAASE, D.O., and HAASE AND COATES, TERRY KAISER PARK INTERNAL MEDICINE, P.C. : Caplin Pehler Park & Tousley, P.C. Indianapolis, Indiana MILFORD M. MILLER LARRY L. BARNARD CALVERT S. MILLER Miller Carson Boxberger & Murphy Fort Wayne, Indiana ATTORNEY FOR APPELLEES THOMAS MADDOX, EXECUTOR OF THE ESTATE OF RICHARD W. CROSS, M.D. and CLINICAL GYNECOLOGY, INC. : EDWARD A. CHAPLEAU Chapleau & Kuehl South Bend, Indiana IN THE COURT OF APPEALS OF INDIANA SHERRI HITE, ) ) Appellant-Plaintiff, ) ) vs. ) No. 43A03-9810-CV-431 ) GREGORY HAASE, M.D., HAASE AND ) COATES INTERNAL MEDICINE, P.C., ) THOMAS MADDOX, EXECUTOR OF THE ) ESTATE OF RICHARD W. CROSS, M.D. and ) CLINICAL GYNECOLOGY, INC., ) ) Appellees-Defendants. )
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APPEAL FROM THE KOSCIUSKO SUPERIOR COURT The Honorable Duane Huffer, Judge Cause No. 43D01-9707-CT-283 May 16, 2000 OPINION - FOR PUBLICATION BROOK, Judge Case Summary Appellant-plaintiff Sherri Hite (“Hite”) appeals from a judgment entered after a jury trial. We affirm. Issues Hite presents four issues, which we restate as follows: I. whether the trial judge should have granted a mistrial, recused himself, or disclosed certain information; II. whether the trial court abused its discretion by limiting the scope of an expert’s testimony; III. whether the trial court erred in striking interrogatories served one day before the discovery deadline; and, IV. whether the trial court correctly granted partial judgment on the evidence to two of the defendants. Facts and Procedural History In October of 1978, then twenty-two years old Hite first saw Richard Cross, M.D. (“Cross”), of Clinical Gynecology, Inc. (“CGI”). She complained of severe cramping, heavy bleeding, and problems with birth control pills. Although advised to return in one 2
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month for examination and removal of an intrauterine device, Hite did not see Cross again until October 29, 1991. In March of 1988, Hite presented at the office of Gregory Haase, D.O. (“Haase”), of Haase and Coates Internal Medicine, P.C. (“HCIM”) to establish herself as a patient, to have certain lipomas 1 examined, and to be treated for gastrointestinal symptoms. Hite reported a medical history that included a tubal ligation, a dilatation and curettage (“D & C”), peptic ulcer disease, mild gallbladder dysfunction, two pregnancies that resulted in live births, and occasional difficulty when swallowing. Hite next visited Haase on January 8, 1990, this time complaining of chronic nausea, heartburn, and vomiting. A January 25, 1990 esophagogastroduodenoscopy 2 revealed that Hite had erosive esophagitis. 3 At a February 1991 visit to Haase, Hite continued to complain of hiccups, upper abdominal pain, occasional nausea, and discomfort. A February 1991 computerized axial tomography (“CT”) scan 4 ordered by Haase showed Hite to have an enlarged uterus. A pelvic ultrasound performed the following month indicated a fibroid tumor in Hite’s uterus.
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