(Download) "Merlie C. Stath and Stath Office Equipment" by Court of Appeals of Indiana No. 3-575A92 ~ Book PDF Kindle ePub Free
eBook details
- Title: Merlie C. Stath and Stath Office Equipment
- Author : Court of Appeals of Indiana No. 3-575A92
- Release Date : January 03, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Merlie C. Stath and Stath Office Equipment & Supply, Inc. brought their respective actions against Alexander S. Williams, Coroner; R. A. Lundeberg, Deputy Coroner and Albert Kaltenthaler, a coroner's pathologist, all of Lake County, Indiana, personally and in their official capacities, for the alleged unauthorized autopsy performed June 1, 1967, on the deceased Robert V. Stath. The allegations of the complaints were generally that due to the incompetence of Dr. Kaltenthaler and the abuse of discretion exhibited by Dr. Williams in selecting him, and due to the approval and participation of Dr. Lundeberg, an erroneous and careless autopsy was performed causing the plaintiffs to suffer damages. These were alleged to include the personal anguish of Mrs. Stath together with the expenses incurred by both of the plaintiffs in attempting to obtain accidental death benefits under certain insurance policies on the life of the deceased. After the plaintiffs' motions for jury trial had been denied the two initially separate causes were consolidated for trial to the court. At the Conclusion of plaintiffs' case-in-chief, the defendants made a motion, labeled a judgment on the evidence, which was tantamount to a prayer for an involuntary dismissal pursuant to Ind. Rules of Procedure, Trial Rule 41(B). The motion was granted for all defendants. See, Powell v. Powell (1974), 160 Ind. App. 132, 310 N.E.2d 898; Clark v. Melody Bar, Inc. (1971), 149 Ind. App. 245, 271 N.E.2d 481. Accordingly this court must determine whether there was in fact substantial evidence of probative value which could have sustained the material allegations of the complaint. Building Systems Inc. v. Rochester Metal Prod., Inc. (1976), 168 Ind. App. 12, 340 N.E.2d 791. The record discloses the following facts most favorable to the appellants.
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