Firm News

Amicus brief accepted by the Indiana Court of Appeals in support of the defendant/appellee in Murphy v. IU Health North for the Defense Trial Counsel

12/18/23

Indiana; Indiana Court of Appeals; Supreme Court; courthouse; Indiana Statehouse

Patrick Eckler and law clerk Adelaide Bell wrote an amicus brief together with Lucy Dollens of Quarles & Brady and Daniel Kelley of Dinsmore & Shohl that was accepted by the Indiana Court of Appeals in support of the defendant/appellee in Murphy v. IU Health North for the Defense Trial Counsel.

The trial court held that upon granting summary judgment to the defendant doctors, the defendant hospital could not be liable on a respondeat superior theory. Citing to Indiana law and a long line of cases from other states, Pat and Addy argued that whether an agent is relieved of a liability by settlement or dismissal, the principal cannot be liable as a matter of law for actions attributed to its alleged agent.

“The implications of this case are far beyond medical malpractice and reach nearly any circumstance in which there is a principal-agent relationship alleged.” – Pat Eckler

Click here to view the complete amicus brief for Murphy v. IU Health North.