HOLDEN v. BALKO

No. IP 96-0949-C-H/G.

949 F.Supp. 704 (1996)

Rodney HOLDEN and Julie Holden, Plaintiffs, v. John BALKO, John Balko d/b/a Hearing Health Care Associates, and Industrial Audiological Services, Inc., Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

December 26, 1996.


Attorney(s) appearing for the Case

James D. Johnson, Mattingly, Rudolph, Fine & Porter, Evansville, IN, for plaintiffs.

Peter H. Pogue, Locke Reynolds Boyd & Weisell, Indianapolis, IN, for defendants.


ENTRY ON PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT

HAMILTON, District Judge.

Under Indiana common law, a tortfeasor cannot rely on a doctor's negligent treatment of the victim's injuries to avoid or reduce the tortfeasor's own liability, at least so long as the victim used reasonable care in selecting a doctor. Whitaker v. Kruse, 495 N.E.2d 223, 226 (Ind.App.1986); accord, Suelzer v. Carpenter, 183...

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