Overall v. State, 64A03-8706-CV-154

• Citation: 525 N.E.2d 1275
• Decision Date: 21 July 1988
• Docket Number: No. 64A03-8706-CV-154,64A03-8706-CV-154
• Parties: Renee H. OVERALL, Administratrix of the Estate of Willie Overall, Deceased, Appellant (Plaintiff Below), v. STATE of Indiana, Appellee (Defendant Below).
• Court: Indiana Appellate Court

Page 1275

525 N.E.2d 1275

Renee H. OVERALL, Administratrix of the Estate of Willie

Overall, Deceased, Appellant (Plaintiff Below), v. STATE of Indiana, Appellee (Defendant Below).

No. 64A03-8706-CV-154.

Court of Appeals of Indiana,

Third District.

July 21, 1988.

Rehearing Denied Sept. 22, 1988.

Delmar P. Kuchaes, Marshall P. Whalley, Chudom & Meyer, Schererville, for appellant.

Linley E. Pearson, Atty. Gen., Thomas R. Hamill, Deputy Atty. Gen., Indianapolis, for appellee.

HOFFMAN, Judge.

Renee H. Overall as administratrix of the estate of Willie Overall appeals the trial court's entry of a judgment on the evidence in favor of the State of Indiana. The estate brought a wrongful death action against the State after Willie was struck and killed by a motorist as he was attempting to walk home upon his release from a mental hospital.

The evidence relevant to this appeal discloses that Willie was an attentive father and husband and an excellent employee. In 1978 after the birth of his second child he began believing that she was a twin and that the other child had been sold. He began behaving irrationally. He approached people with children because he believed that one might be the missing twin.

A few months later Willie became violent and threatened to kill his wife on numerous occasions. Willie's work habits became so poor he was terminated. Willie's sister and brother-in-law noticed Willie's peculiar behavior including Willie's belief that unknown persons were watching him.

Willie's family attempted to procure psychiatric treatment for Willie but he would not voluntarily attend appointments. Emergency detention proceedings were instituted in the Lake County Superior Court. An order was issued on December 14, 1978 for Willie to be taken to the Beatty Memorial Hospital for any treatment necessary "for the preservation of the health and safety of the patient and the protection of persons and property." Willie was transported to Beatty later that day. The next day Renee received a telephone call from a person who identified himself as a doctor and told her that after observation it was determined that Willie could be released. After Renee expressed some concern for her safety if she transported Willie from the hospital, the doctor told her that Willie may be sent home on a bus. Also on December 15, 1978 Willie telephoned his brother-in-law, James Johnson, and requested a ride home. Willie told him that someone would talk to James. The person identified himself as a doctor but James thought it was one of the other patients because he could not understand the person and he did not believe that Willie was being released so soon. James was not told that if no one picked Willie up, Willie would have to walk home.

The staff psychiatrist released Willie with the following order: "discharge as soon as transportation can be arranged." Despite the order Willie was discharged without transportation on December 15, 1978. Apparently Willie was attempting to walk home to Gary when he was struck by an automobile and killed. Willie was clad in lightweight clothing in 28? F weather. He did not have any money. At the time he was struck he was approximately 18 miles from the hospital. Witnesses at the scene thought that Willie was drunk because he was staggering and walking in the traveled portion of the road.

An expert witness testified that hypothermia would cause loss of muscle control. An autopsy revealed that Willie had not ingested drugs or alcohol and that he was suffering from systemic hypothermia.

Renee brought the instant action for the wrongful death of Willie. At the trial on March 18, 1987 after the estate had presented its evidence, the State moved for a judgment on the evidence which was granted. On appeal the estate presents issues only on its first theory of recovery: that the State negligently discharged and released Willie. The issues presented are:

(1) whether the trial court erred in granting the State's motion for judgment on the evidence at the close of the estate's case; and (2) whether the trial court erred in excluding opinion evidence offered by the estate through an expert witness.

The estate correctly notes that a judgment on the evidence pursuant to Ind.Rules of Procedure, Trial Rule 50, should not be granted lightly or for the sake of judicial economy, but should only be granted when there is insufficient evidence on an essential element of the case or where a defense to the action is proved by the evidence. St. Mary's Byzantine Church v. Mantich (1987), Ind.App., 505 N.E.2d 811, 814. The granting of such a motion is proper only when the evidence is without conflict and susceptible of only one inference in favor of the moving party. Prudential Ins. Co. v. Winans (1975), 263 Ind. 111, 119, 325 N.E.2d 204, 207.

To establish its negligence claim against the State, the estate was required to prove a duty, breach of the duty, proximate cause and damages. Iglesias v. Wells (1982), Ind.App., 441 N.E.2d 1017, 1019. The relevant inquiry here is whether the State owed any duty to Willie after his release.

IND.CODE Sec. 16-14-9.1-7 (1976) (since amended) governs the hospital's emergency detention procedures. The statute...