Also Names Thomas Fite Director of Department of Financial Institutions

Indianapolis – Governor Mike Pence today reappointed Carol Stephan as chairperson of the Indiana Utility Regulatory Commission (IURC).

“Throughout Carol Stephen’s tenure at the Indiana Utility Regulatory Commission, she has shown that she is a leader with integrity and I am pleased to reappoint her today,” said Governor Pence. “Her deep understanding and commitment to the commission’s work make her uniquely qualified for this role.”

Stephan, of Indianapolis, was appointed to the IURC in February of 2014 and became the first female Chair of the Commission in May 2014. Before her role as Chair, Stephan served as Assistant General Counsel for the IURC and has extensive experience in state government, having worked as General Counsel for the Indiana office of Utility Consumer Counselor, Interim Deputy Commissioner and Director of Partner Services for the Indiana Department of Workforce Development, and Deputy Attorney General in the Bankruptcy/Inheritance Tax Division in the Office of the Attorney General of Indiana. She also spent time working with Goodwill Industries. Stephan earned her undergraduate degree from Indiana University and her law degree from the Indiana University Robert H. McKinney School of Law.

Governor Mike Pence also recently named Thomas Fite of Brownsburg as Director of the Indiana Department of Financial Institutions (DFI), effective Monday, January 18, 2016. Since May 2013, Mr. Fite has served as Deputy Director of DFI. Prior to his role as Deputy Director, Mr. Fite has worked as both Assistant Regional Supervisor and Senior Examiner within DFI. Mr. Fite earned his undergraduate degree from Ball State University and his MBA with accounting specialization from Indiana Wesleyan University.

“I’m thankful to name Thomas Fite as Director of the Indiana Department of Financial Institutions,” said Governor Pence. “Thomas has extensive experience and unmatched background knowledge from his many years of service within the Department, and I’m confident he will continue to serve Hoosiers well in his new role.”

Governor Pence also made appointments to the following boards and commissions:

Brookville Lake Regional Waste District

Jeffrey M. Tebbe [Franklin County], reappointed to serve a three-year term through January 15, 2019

Indiana Criminal Justice Institute Board of Trustees

Sheriff John T. Boyd [LaPorte County], reappointed to serve a four-year term through February 1, 2020

East Central Indiana Regional Planning Commission

Brenda C. Brumfield [Jay County], reappointed to serve a one-year term through December 31, 2016

Firefighting Personnel Standards and Education Board

Jason D. Rogers [Delaware County], appointed to serve a four-year term through January 15, 2020

Medical Education Board

Dr. Ann Marie Nelson [Hamilton County], appointed to complete an unexpired three-year term through December 31, 2017

Northern Indiana Commuter Transportation District

Scott A. Lauerman [Lake County], appointed to serve a two-year term through January 15, 2018

Board of Podiatry Examiners

Dr. Lisa R. Lanham [Bartholomew County], appointed to serve a three-year term through January 15, 2019

Indiana Public Retirement System Board of Trustees

Michael R. Pinkham [Allen County], reappointed to serve a four-year term through January 15, 2020

 First Lady Karen Pence, Indiana’s Bicentennial Ambassador, will welcome members of the Indiana State Assembly Club to the Governor’s Residence for an 1816 Bicentennial High Tea. The First Lady and guests attending will be dressed in period attire. The 1816 Bicentennial High Tea is an official First Lady Bicentennial Legacy Project. Details below.

Tuesday, February 2: 

 

3:00 p.m. EST – First Lady to host High Tea in honor of Indiana’s Bicentennial

*Media are welcome to attend.

Governor’s Residence – 4750 N. Meridian St., Indianapolis, IN

 Governor Mike Pence will join the Indiana Toll Road Concession Co. for an infrastructure project announcement. Details below.

Tuesday, February 2: 

 

2:00 p.m. EST – Governor Pence to join Indiana Toll Road Concession Co. for an infrastructure project announcement

*Media are welcome to attend.

Indiana Toll Road Administration Building – 52551 Ash Rd., Granger, IN

Jennifer Nelson for www.theindianalawyer.com

The affidavits submitted as evidence by the treating physicians being sued for medical malpractice were factually inadequate and did not raise a genuine issue of material fact regarding their care of the plaintiff, the Indiana Court of Appeals held Monday.

Julia and Steven Roberts filed a medical malpractice complaint against Drs. Kevin Scripture, Richard Mangan, Judy Risch and Whitewater Eye Centers LLC regarding care and treatment Julia Roberts received on her left eye, leading to a corneal transplant. The medical review panel unanimously found the doctors failed to comply with the appropriate standard of care and that their conduct was a factor of the resultant damages.

The Robertses then sued and sought summary judgment. The defendant doctors’ responses to the summary judgment motion contained medical-expert testimony from each of the doctors, which simply set for their medical credentials and stated the care and treatment provided by each doctor met the applicable standard of care and was not responsible for her alleged injuries or damages.

Eighty one days later, the doctors filed a motion to supplement their affidavits with more factual information about case and treatment of Julia Roberts. The trial court denied the doctors’ motion and granted summary judgment for the plaintiffs.

The Court of Appeals affirmed in Kevin T. Scripture, M.D., Richard Mangan, O.D., Judy D. Risch, O.D., and Whitewater Eye Centers, LLC v. Julia and Steven Roberts, 49A02-1504-CT-211, finding the doctors’ affidavits did not set for specific facts regarding Julia Roberts’ care, but instead, echoed the denials of their pleading contrary to the requirements of Ind. Trial Rule 56(E), Chief Judge Nancy Vaidik wrote.

The doctors cited the Indiana Supreme Court’s decision in Hughley v. State, 15 N.E.3d 1000, 1002 (Ind. 2014), to support their argument their affidavits – even if self-serving and conclusory – can defeat summary judgment.

“Unlike in Hughley, however, here the Doctors cited no facts that would support that they met the standard of care or that their conduct did not cause the Robertses’ damages. The Doctors merely restated the denials in their pleadings. Hughley is inapposite,” Vaidik wrote.

The COA also affirmed the denial to supplement, noting that Trial Rule 56(C) provides that a party opposing a motion for summary judgment has 30 days to serve a response or any other opposing affidavits, and in this case, the doctors did not file their supplemental affidavits until 81 days later.