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6 Indiana opinions name it 2 courts 1969–2015 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 |
|---|---|---|
Dahlberg v. Oglegreen2 sentences2015In Dahlberg v. Ogle, 268 Ind. 30 , 373 N.E.2d 159, 163 (1978), “[t]rial court gave an instruction which in part informed the jury that the defendant [physician] did not warrant or guarantee the success of his treatment.” Our supreme court approved the instruction and advised that it was intended “to guide the jury away from reaching its verdict upon the mistaken conclusion that a physician warrants or guarantees the success of his treatment.” Id. [37] More recently, in Fall v. White, 449 N.E.2d 628, 635 (Ind.Ct.App.1983), reh’g denied, we approved a virtually identical instruction, finding tha 2015In Dahlberg v. Ogle, 268 Ind. 30 , 373 N.E.2d 159, 163 (1978), “[t]rial court gave an instruction which in part informed the jury that the defendant [physician] did not warrant or guarantee the success of his treatment.” Our supreme court approved the instruction and advised that it was intended “to guide the jury away from reaching its verdict upon the mistaken conclusion that a physician warrants or guarantees the success of his treatment.” Id. [37] More recently, in Fall v. White, 449 N.E.2d 628, 635 (Ind.Ct.App.1983), reh’g denied, we approved a virtually identical instruction, finding tha | 2 | 2 |
Fall v. Whitegreen2 sentences2015In Dahlberg v. Ogle, 373 N.E.2d 159, 163 (Ind. 1978), “[t]rial court gave an instruction which in part informed the jury that the defendant [physician] did not warrant or guarantee the success of his treatment.” Our supreme court approved the instruction and advised that it was intended “to guide the jury away from reaching its verdict upon the mistaken conclusion that a physician warrants or guarantees the success of his treatment.” Id. [37] More recently, in Fall v. White, 449 N.E.2d 628, 635 (Ind. Ct. App. 1983), reh’g denied, we approved a virtually identical instruction, finding that it w 2015In Dahlberg v. Ogle, 268 Ind. 30 , 373 N.E.2d 159, 163 (1978), “[t]rial court gave an instruction which in part informed the jury that the defendant [physician] did not warrant or guarantee the success of his treatment.” Our supreme court approved the instruction and advised that it was intended “to guide the jury away from reaching its verdict upon the mistaken conclusion that a physician warrants or guarantees the success of his treatment.” Id. [37] More recently, in Fall v. White, 449 N.E.2d 628, 635 (Ind.Ct.App.1983), reh’g denied, we approved a virtually identical instruction, finding tha | 2 | 2 |
State v. Lewisgreen2 sentences1990See also State v. Lewis (1989) Ind., 543 N.E.2d 1116 , in which our Supreme Court despite a holding adverse to defendant upon an issue in a direct appeal declined to utilize the discretionary "law of the case doctrine" and reversed because the law had changed in the interim. 1990See also State v. Lewis (1989) Ind., 543 N.E.2d 1116 , in which our Supreme Court despite a holding adverse to defendant upon an issue in a direct appeal declined to utilize the discretionary "law of the case doctrine” and reversed because the law had changed in the interim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Edwards v. Uland
neutral
2 sentences2015Citing to Dahlberg and Edwards v. Uland, 193 Ind. 376 , 140 N.E. 546 (1923), we stated: Our supreme court found that the failure of a physician to realize the actual seriousness of a condition is not negligence unless there are facts to indicate a lack of skill or lack of care in making the examination and diagnosis. 2015Citing to Dahlberg and Edwards v. Uland, 193 Ind. 376 , 140 N.E. 546 (1923), we stated: Our supreme court found that the failure of a physician to realize the actual seriousness of a condition is not negligence unless there are facts to indicate a lack of skill or lack of care in making the examination and diagnosis. | 2 | 2015–2015 |
Abdul-Wadood v. State
green
2 sentences1990Our Supreme Court's unequivocal holding in Abdul-Wadood v. State (1988) Ind., 521 N.E.2d 1299 , that a virtually identical instruction constituted fundamental error, mandates reversal rather than a holding by this court that Terry waived the error. 1990Our Supreme Court's unequivocal holding in Abdul-Wadood v. State (1988) Ind., 521 N.E.2d 1299 , that a virtually identical instruction constituted fundamental error, mandates reversal rather than a holding by this court that Terry waived the error. | 1 | 1990–1990 |
Tippett v. State
neutral
2 sentences1982Tippett v. State, (1980) Ind., 400 N.E.2d 1115, 1118 . 1982Tippett v. State, (1980) Ind., 400 N.E.2d 1115, 1118 . | 1 | 1982–1982 |
James v. State
green
2 sentences1979Acts considered apart from other evidence may appear innocent, but when considered with other evidence may import guilt.” The brief of the appellant in James v. State (1976) 265 Ind. 384 , 354 N.E.2d 236 , reveals that a similar criticism was made concerning a virtually identical instruction. 1979Acts considered apart from other evidence may appear innocent, but when considered with other evidence may import guilt.” The brief of the appellant in James v. State (1976) 265 Ind. 384 , 354 N.E.2d 236 , reveals that a similar criticism was made concerning a virtually identical instruction. | 1 | 1979–1979 |
Buckner v. Wilson
green
2 sentences1969Appellant would have us overrule our decision in Buckner v. Wilson (1967), 141 Ind. App. 272 , 227 N. E. 2d 462 , wherein a virtually identical instruction was approved. 1969Appellant would have us overrule our decision in Buckner v. Wilson (1967), 141 Ind. App. 272 , 227 N. E. 2d 462 , wherein a virtually identical instruction was approved. | 1 | 1969–1969 |
Doi v. Huber
green
2 sentences1969We now reaffirm that decision as well as our recent decisions in Doi v. Huber (1969), 144 Ind. App. 451 , 247 N. E. 2d 103 ; Kiger v. Arco Auto Carriers, Inc., supra, and Paxton v. Ferrell (1969), 144 Ind. App. 124 , 244 N. E. 2d 439 , in holding that defendant-appellee’s Instruction No. 15 was properly given. 1969We now reaffirm that decision as well as our recent decisions in Doi v. Huber (1969), 144 Ind. App. 451 , 247 N. E. 2d 103 ; Kiger v. Arco Auto Carriers, Inc., supra, and Paxton v. Ferrell (1969), 144 Ind. App. 124 , 244 N. E. 2d 439 , in holding that defendant-appellee’s Instruction No. 15 was properly given. | 1 | 1969–1969 |
Paxton v. Ferrell
green
2 sentences1969We now reaffirm that decision as well as our recent decisions in Doi v. Huber (1969), 144 Ind. App. 451 , 247 N. E. 2d 103 ; Kiger v. Arco Auto Carriers, Inc., supra, and Paxton v. Ferrell (1969), 144 Ind. App. 124 , 244 N. E. 2d 439 , in holding that defendant-appellee’s Instruction No. 15 was properly given. 1969We now reaffirm that decision as well as our recent decisions in Doi v. Huber (1969), 144 Ind. App. 451 , 247 N. E. 2d 103 ; Kiger v. Arco Auto Carriers, Inc., supra, and Paxton v. Ferrell (1969), 144 Ind. App. 124 , 244 N. E. 2d 439 , in holding that defendant-appellee’s Instruction No. 15 was properly given. | 1 | 1969–1969 |
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.