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10 Indiana opinions name it 2 courts 1968–2019 0 in the last five years
The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
City of Alexandria v. Allengreen1 sentence2019The Indiana Trial Lawyers Association filed an amicus brief and argues that requiring expert testimony to show that a reasonable Court of Appeals of Indiana | Opinion 18A-CT-2486 | October 10, 2019 Page 17 of 27 person, if properly informed, would have rejected the proposed treatment runs afoul of public policy, is counter to the “most important and central goal of the informed consent doctrine[,] protect[ing] a patient’s personal autmonomy,” and “is essentially to say that people can control their bodies only to the extent that they are reasonable in the estimate of physicians.” Amicus Brief | 1 | 1 |
Tabor v. Continental Baking Companygreen2 sentences1968This court in Tabor v. Continental Baking Company (1942), 110 Ind. App. 633 , at pages 640, 641, 38 N. E. 2d 257, 259, 260 , (transfer denied) in discussing the application of the reasonable man doctrine, stated: “Under the uniform decisions of the courts of this State, negligence consists in the failure to use due care, or ordinary care, which is measured by the care a person of reasonable prudence would ordinarily exercise under like conditions and circumstances. 1968This court in Tabor v. Continental Baking Company (1942), 110 Ind. App. 633 , at pages 640, 641, 38 N. E. 2d 257, 259, 260 , (transfer denied) in discussing the application of the reasonable man doctrine, stated: “Under the uniform decisions of the courts of this State, negligence consists in the failure to use due care, or ordinary care, which is measured by the care a person of reasonable prudence would ordinarily exercise under like conditions and circumstances. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Doe v. Barnett
green
2 sentences1985Doe v. Barnett (1969), 145 Ind.App. 542 , 251 N.E.2d 688 . 1985Doe v. Barnett (1969), 145 Ind.App. 542 , 251 N.E.2d 688 . | 2 | 1983–1985 |
Baker v. Mason
green
2 sentences1975Spears v. Aylor (1974), 162 Ind. App. 340 , 319 N.E.2d 639 ; Baker v. Mason (1968), 253 Ind. 348 , 242 N.E.2d 513 . 1975Spears v. Aylor (1974), 162 Ind. App. 340 , 319 N.E.2d 639 ; Baker v. Mason (1968), 253 Ind. 348 , 242 N.E.2d 513 . | 2 | 1974–1975 |
Magazine v. Shull
green
1 sentence2019The Indiana Trial Lawyers Association filed an amicus brief and argues that requiring expert testimony to show that a reasonable Court of Appeals of Indiana | Opinion 18A-CT-2486 | October 10, 2019 Page 17 of 27 person, if properly informed, would have rejected the proposed treatment runs afoul of public policy, is counter to the “most important and central goal of the informed consent doctrine[,] protect[ing] a patient’s personal autmonomy,” and “is essentially to say that people can control their bodies only to the extent that they are reasonable in the estimate of physicians.” Amicus Brief | 1 | 2019–2019 |
Harlan v. State
green
2 sentences1992However, he claims the State's reliance upon Harlan v. State (1985), Ind., 479 N.E.2d 569 , is misplaced and does not support its position on the reasonable man test as far as reaction or response to the provocation is concerned. 1992However, he claims the State’s reliance upon Harlan v. State (1985), Ind., 479 N.E.2d 569 , is misplaced and does not support its position on the reasonable man test as far as reaction or response to the provocation is concerned. | 1 | 1992–1992 |
Fowler, Admx. v. Norways Sanatorium
green
2 sentences1982Fowler, Admx. v. Norways Sanatorium (1942), 112 Ind.App. 347 , 42 N.E.2d 415 *54 is pertinent in determining if this decision was a medical decision. 1982Fowler, Admx. v. Norways Sanatorium (1942), 112 Ind.App. 347 , 42 N.E.2d 415 *54 is pertinent in determining if this decision was a medical decision. | 1 | 1982–1982 |
Rouch v. Bisig
green
1 sentence1978While it was unclear as to whether the boy’s age was a factor in applying the requirement, the court nevertheless did not expressly limit the knowledge requirement to special circumstances which would call for modification of the reasonable man test as in Riesbeck, supra. On the contrary, it merely noted that the boy “testified that he did not consider it perilous when he dove.” 258 N.E.2d at 888 . | 1 | 1978–1978 |
Spears v. Aylor
green
2 sentences1975Spears v. Aylor (1974), 162 Ind. App. 340 , 319 N.E.2d 639 ; Baker v. Mason (1968), 253 Ind. 348 , 242 N.E.2d 513 . 1975Spears v. Aylor (1974), 162 Ind. App. 340 , 319 N.E.2d 639 ; Baker v. Mason (1968), 253 Ind. 348 , 242 N.E.2d 513 . | 1 | 1975–1975 |
Memorial Hospital of South Bend, Inc. v. Scott
neutral
2 sentences1973As enunciated by the Court of Appeals: "Therefore, assuming that Scott did not have actual knowledge of the danger, if it were shown by Memorial Hospital that a reasonable and prudent person in like or similar circumstances would have known and appreciated the danger, then Scott still could have been guilty of contributory negligence. .. ." 290 N.E.2d at 84-85 . 1973As enunciated by the Court of Appeals: “Therefore, assuming that Scott did not have actual knowledge of the danger, if it were shown by Memorial Hospital that a reasonable and prudent person in like or similar circumstances would have known and appreciated the danger, then Scott still could have been guilty of contributory negligence. . . .” 290 N. E. 2d at 84-85 . | 1 | 1973–1973 |
City of Decatur v. Eady
green
2 sentences1968City of Decatur v. Eady (1917), 186 Ind. 205 , pt. 7 on p. 212, 115 N. E. 577 .” Professor Prosser in his Treaties on Torts, § 32, page 154, (3rd Ed. 1964), in reference to this doctrine, stated: ■ “The courts have gone to unusual pains to emphasize the abstract and hypothetical character of his mythical person. 1968City of Decatur v. Eady (1917), 186 Ind. 205 , pt. 7 on p. 212, 115 N. E. 577 .” Professor Prosser in his Treaties on Torts, § 32, page 154, (3rd Ed. 1964), in reference to this doctrine, stated: ■ “The courts have gone to unusual pains to emphasize the abstract and hypothetical character of his mythical person. | 1 | 1968–1968 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.