Halterman v. Adams Cnty. Bd. of Comm'rs

• Decision Date: 18 July 2013
• Docket Number: No. 01A04–1211–CT–558.,01A04–1211–CT–558.
• Citation: 991 N.E.2d 987
• Parties: Christopher HALTERMAN, Appellant–Plaintiff, v. ADAMS COUNTY BOARD OF COMMISSIONERS, Adams County Sheriff, Charles Padgett, Adams County Sheriff's Department and Adams County Jail, Appellees–Defendants.
• Court: Indiana Appellate Court

991 N.E.2d 987

Christopher HALTERMAN, Appellant–Plaintiff,

v.ADAMS COUNTY BOARD OF COMMISSIONERS, Adams County Sheriff, Charles Padgett, Adams County Sheriff's Department and Adams County Jail, Appellees–Defendants.

No. 01A04–1211–CT–558.

Court of Appeals of Indiana.

July 18, 2013.

Jon C. Abernathy, Andrew B. Janutolo, Goodin Abernathy, LLP, Indianapolis, IN, Attorneys for Appellant.

Kathleen A. Kilar, Andrew S. Williams, Fort Wayne, IN, Attorneys for Appellees.

OPINION

MAY, Judge.

Christopher Halterman appeals a summary judgment for Adams County Sheriff Charles Padgett.¹ He presents two issues for our review:

1. Whether the trial court abused its discretion when it denied Halterman's motion to strike Dr. Bev House's affidavit; and

2. Whether the trial court erred when it granted summary judgment in favor of Sheriff Padgett.

We affirm.

FACTS AND PROCEDURAL HISTORY

Between March 19, 2009, and April 10, 2009, Halterman was incarcerated in the Adams County Jail. On April 4, he submitted a medical request form concerning boils on his buttock. On April 6, a nurse practitioner examined Halterman and determined he had a “small raised area, with some redness extending approximately 1 cm from the raised area. There was no drainage[.]” (App. at 99.)

Halterman submitted another medical request form on April 8, and the nurse practitioner examined him the same day. She referred Halterman to Adams Memorial Hospital for “outpatient surgery for incision and drainage of his right buttocks abscess.” ( Id. at 99–100.) On April 10, the nurse practitioner examined Halterman as part of a post-hospital check, and sent Halterman to the emergency room, where it was discovered he had developed a Methicillin-resistant staphylococcus aureus (MRSA) infection. Halterman ultimately underwent multiple surgeries, including a colostomy.

On September 22, 2010, Halterman filed suit against the Defendants and Sheriff Padgett, claiming negligence in the treatment of his abscess. Defendants and Sheriff Padgett moved for summary judgment. Halterman filed a Motion to Strike the Affidavit of Dr. Bev House, and Defendants and Sheriff Padgett filed a Motion to Strike a portion of Halterman's designated evidence.

The trial court denied Halterman's Motion to Strike, granted Defendants' and Sheriff Padgett's Motion to Strike, and granted summary judgment for all Defendants except Sheriff Padgett. The trial court later granted summary judgment for Sheriff Padgett.

DISCUSSION AND DECISION

1. Motion to Strike

We review for an abuse of discretion a trial court's decision on a motion to strike. Kroger Co. v. Plonski, 930 N.E.2d 1, 5 (Ind.2010). We will reverse only when the decision is clearly against the logic and effect of the facts and circumstances. Id. Halterman argues Dr. House's affidavit should have been stricken because it was based on insufficient evidence and the conclusions therein were speculative and based on inadmissible evidence. We disagree.

“Affidavits submitted in support of or in opposition to a motion for summary judgment may be stricken for a variety of reasons. But a difference of opinion is not to be one of them.” Id. An expert witness must have sufficient facts or data on which to form an opinion. Burp v. State, 612 N.E.2d 169, 172 (Ind.Ct.App.1993). For an expert opinion to be admissible, the expert must be qualified and “the scientific principles upon which the expert testimony rests [must be] reliable” as determined by the trial court. Indiana Rule of Evidence 702. Experts may testify to opinions based on inadmissible evidence if it is of the type reasonably relied on by experts in the field. Bunch v. Tiwari, 711 N.E.2d 844, 848 (Ind.Ct.App.1999). An expert witness “need not base her opinion on personal knowledge if the opinion is based on evidence of a type normally found reliable and customarily relied upon by others in the witness's profession or area of expertise.” Id. at 849.

Dr. House stated in his affidavit he reviewed Halterman's complaint for damages; the Adams County Jail records, which included all of Halterman's requests for medical treatment, not just those related to the instant case; the Adams County Hospital Records; the nurse practitioner's records and deposition; and Halterman's deposition. An expert's affidavit may be based on medical records and the depositions of the parties. Id. at 848–49. Dr. House relied on the kinds of designated evidence we determined in Bunch was appropriate in the medical field, and therefore the trial court did not abuse its discretion when it denied Halterman's motion to strike Dr. House's affidavit.

2. Summary Judgment

The standard of review of a summary judgment is the same as that used in the trial court: summary judgment is appropriate only where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Lean v. Reed, 876 N.E.2d 1104, 1107 (Ind.2007). In determining whether summary judgment is appropriate, we construe all facts and reasonable inferences in favor of the nonmoving party. Jackson v. Scheible, 902 N.E.2d 807, 809 (Ind.2009). Our review is limited to those materials designated to the trial court. Mangold ex rel. Mangold v. Ind. Dep't of Natural Res., 756 N.E.2d 970, 973 (Ind.2001). We must carefully review a decision on summary judgment to ensure a party is not improperly denied its day in court. Id. at 974. We affirm summary judgment on any legal basis supported by the designated evidence. Cincinnati Ins. Co. v. Davis, 860 N.E.2d 915, 922 (Ind.Ct.App.2007). The appellant bears the burden of persuading us summary judgment was erroneous. Id.

To prevail on a claim of negligence, a plaintiff must demonstrate: “(1) duty owed to plaintiff by defendant; (2) breach of duty by allowing conduct to fall below the applicable standard of care; and (3) compensable injury proximately caused by defendant's breach of duty.” Williams v. Cingular Wireless, 809 N.E.2d 473, 476 (Ind.Ct.App.2004), trans. denied. Summary judgment is appropriate in a negligence action where defendant demonstrates “that the undisputed material facts negate at least one element of plaintiff's claim.” Jacques v. Allied Bldg. Servs. of Ind., Inc., 717 N.E.2d 606, 608 (Ind.Ct.App.1999).

Causation may not be inferred merely from the allegation of a negligent act. Midwest Commerce Banking Co. v. Livings, 608 N.E.2d 1010, 1013 (Ind.Ct.App.1993). To prove causation, a plaintiff must present specific facts that would demonstrate the defendant's allegedly negligent behavior caused the plaintiff's injuries. Id. If the defendant establishes the lack of that causation, summary judgment is appropriate. Id.

In granting summary judgment in favor of Sheriff Padgett, the trial court found Halterman had not demonstrated any action by Sheriff Padgett caused the MRSA infection he suffered as a result of the abscess. Halterman argues summary judgment was improper because genuine issues of material fact regarding the element of breach of duty and causation remain, including the date Bates first examined Halterman, the date Halterman first reported his condition, and the size of Halterman's abscess.

In deciding the Defendants' actions did not cause Halterman's injuries, the trial court found:

[E]ven assuming arguendo that Halterman could create an issue of fact as to any supposed breach, Halterman cannot carry his burden on the element of “causation”. [sic] The Defendants have designated the Affidavit of Bev. P. House MD. Dr. House has opined:

MRSA is spread through direct skin-to-skin contact. Mr. Halterman's MRSA infection was not caused by any condition...