By Kate Braser
Evansville Courier Press, Evansville, Indiana
October 11, 2007 Thursday, October 11, 2007
ERIN McCRACKEN / Courier & Press
Chief Justice Randall Shepard listens to
oral arguments to the Indiana Supreme Court
in a civil assault case Wednesday in Evansville.
The local arguments were part of efforts by the state's highest court to reach out to the public by hearing cases in cities around the state.
Every seat in the council chambers was occupied, and the walls were lined with onlookers ã mostly local attorneys and judges ã as the Indiana Supreme Court justices heard oral arguments in a civil assault case originally filed in Marion County.
ERIN McCRACKEN / Courier & Press
Justice Robert D. Rucker asks Attorney
Kevin Betz questions as Betz gives a 20-minute
oral argument to the Indiana Supreme Court in
the case of Daniel H. Raess, M.D. versus Joseph E. Doescher,
a civil assault case, at the Vanderburgh County City
Council Chambers to determine whether the Supreme
Court will hear the case.
Chief Justice Randall Shepard, an Evansville native, was among those hearing the case in which Joseph E. Doescher, a perfusionist ã a person who operates a heart-lung machine during heart surgery ã at St. Francis Hospital in Indianapolis, alleged that heart surgeon Daniel H. Raess intentionally inflicted emotional distress and assault on him.
A jury originally ruled in favor of Doescher, awarding damages of $325,000, but the Court of Appeals reversed that ruling, ordering a new trial be held.
Doescher has petitioned the Indiana Supreme Court to overturn that decision and allow the previous verdict and damages to stand.
ERIN McCRACKEN / Courier & Press
Justice Frank Sullivan, Jr. and Justice
Brent E. Dickson listen to Attorney Kevin Betz
give his oral arguments to the Indiana Supreme Court
in the case of Daniel H. Raess, M.D. versus
Joseph E. Doescher, a civil assault case, at the
Vanderburgh County City Council Chambers
to determine whether the Supreme Court will hear the case.
The dispute began in October 2001, when Doescher's absence from work for personal business reportedly prompted an outburst by Raess. When Raess allegedly confronted Doescher about his absence, Doescher claimed Raess clenched his fists at his side and said "You're over. You're history. You're finished."
The confrontation reportedly led Doescher to suffer anxiety and depression. He sued Raess for assault and intentional infliction of emotional distress.
Arguing before the justices, Doescher's attorney, Kevin Betz, called Raess the "Bobby Knight of St. Francis Hospitals," and said he was known for workplace bullying.
But justices questioned Betz about the difference between criminal and civil assault, and about the purpose of one expert he called to testify that reportedly dredged up previous bad acts in the workplace by Raess, possibly prejudicing the jury.
"As you know, this court gets 900 to 1,000 petitions to transfer per year," said Justice Frank Sullivan Jr. "What about this case means we should take it?" Betz said the issue of workplace abuse is "rampant in cardiac surgery units" and has struck a nerve in the medical community.
"This case has enormous importance to hospitals everywhere, everyday," Betz said.
Representing Raess, Karl Mulvaney said the use of the term "workplace bullying" throughout the trial confused jurors, possibly skewing their understanding of the allegations.
"In court, we don't call a murderer a murderer," he said. "A jury doesn't need that help, do they?"
At the end of the 40-minute hearing, Shepard explained justices will take the petition under consideration and rule at a later date. If they opt not to accept the case, the matter will rest with the Court of Appeals' decision.
Local attorney Sheila Corcoran, president of Brooks Inns of Court which invited the justices to come to Evansville, said it was a good opportunity for members of the local legal community and the public to experience the oral arguments, which are normally held in the Statehouse at Indianapolis.
"Even when I am in Indianapolis, I have never checked to see if the Supreme Court is hearing arguments while I am there, but now I think I will," she said.
