The Court of Appeals of Indiana will hear oral argument in Anna Williams et al. v. M. Jayme Adelsperger, D.D.S. on Tuesday, November 17th at 10:30 a.m. in the Conservatory of Saint Mary-0f-the-Woods College.  A panel of Judge L. Mark Bailey, Judge Melissa S. May, and Judge Nancy H. Vaidik will hear the case on appeal from Marion County Superior Court.

The case involves the Williams’ lawsuit against Dr. Adelsperger alleging malpractice for the negligent treatment of Anna Williams.  The action commenced in December 2004 and alleged malpractice through August 2002. The trial court granted summary judgment for Dr. Adelsperger on the ground the limitations period had run out.  On appeal, the Williamses contend the state of limitations, which requires an action be brought within two years of the alleged malpractice, should not be applied to them because even though they suspected malpractice as early as 2003, they did not have facts that would lead to the discovery of malpractice, such as medical evidence or expert confirmation, and the doctor actively denied Anna’s symptoms were related to her treatment.  Arguing for the appellant, Anna Williams, et al., will be Neal F. Eggeson, and arguing for the appellee, M. Jayme Adelsperger, D.D.S., will be John M. McCrum.

The Court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch, and members of the audience are invited to ask questions following the submission of the case about the judicial process in Indiana.  The Court has heard more than 250 oral arguments “on the road” at law schools, colleges, high schools, and county courthouses since its centennial in 2000-2001. 

The Court of Appeals of Indiana is the state’s second-highest court.  It reviews appeals from trial court decisions; a decision of the Court of Appeals of Indiana is final unless granted further review by the Indiana Supreme Court.  The majority of appeals filed in Indiana are decided by the Court of Appeals.