SIBBING v. CAVE

No. 49S02-0906-CV-00275.

922 N.E.2d 594 (2010)

Eric P. SIBBING, Appellant (Defendant below), v. Amanda N. CAVE, Individually, and as the Mother and Guardian of Mercy M. Cave, a Minor Child, Appellee (Plaintiff below).

Supreme Court of Indiana.

March 4, 2010.


Attorney(s) appearing for the Case

William H. Kelley, Darla S. Brown, Kelley, Belcher & Brown, Bloomington, IN, Attorneys for Appellant.

James A. Mellowitz, Robert W. York & Associates, Indianapolis, IN, Attorney for Appellee.

Karl L. Mulvaney, Barry C. Cope, Briana L. Kovac, Bingham McHale LLP, Indianapolis, IN, Attorneys for Amicus Curiae Ins. Inst. of Ind.


On Petition To Transfer from the Indiana Court of Appeals, No. 49A02-0802-CV-165

DICKSON, Justice.

Following a plaintiff's verdict in this automobile rear-end collision personal injury case, the defendant appealed, claiming trial court error in (a) permitting the plaintiff to testify about what she was told by her treating physician and her own beliefs about the cause of her pain, and (b) excluding medical necessity evidence from the defendant's expert witness...

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