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Small v. Centocor6/26/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Plaintiff-Appellant, James Garrett Small (Small), appeals the trial court's entry of summary judgment in favor of Defendants-Appellants Centocor, Inc. (Centocor), Eli Lilly & Company (Lilly), Community Hospitals Indiana (Community), Robert S. Joseph (Joseph), Steven A. Norris (Norris), James H. Dobson (Dobson), and Phyllis Garrison (Garrison) (collectively "Defendants").
We affirm.
Small presents four issues which we restate as:
1. Whether the trial court erred in granting Defendants' motions for summary judgment.
2. Whether the trial court erred in granting Defendants' protective order.
3. Whether the trial court erred in granting a non-party's motion to quash.
4. Whether the trial court erred in granting Defendants' motion to strike.
5. Whether the trial court erred in denying Small's petition for interlocutory appeal.
6. Whether the trial court erred in denying Small's motion to strike.
7. Whether the trial court improperly acted as an advocate for the defense.
8. Whether Small's constitutional rights were violated.
In September 1992, Small's father, Clarence Small (Clarence), was hospitalized and eventually died at Community Hospital. In 1994, Small, as the representative of his father's estate, filed a proposed complaint with the Indiana Department of Insurance. However, prior to the receipt of a decision from the medical review panel, the trial court entered summary judgment against Small and dismissed the complaint with prejudice based upon Small's failure to respond to discovery requests. Small then attempted to appeal the trial court's order. This Court dismissed Small's attempted appeal and denied his request for rehearing. Finally, the Indiana Supreme Court dismissed Small's petition to transfer.
In 1998, Small, on his own behalf, filed a complaint for damages with the trial court again raising issues related to his father's hospitalization and death; this is the action at issue in the present case. In response to Small's complaint, Defendants filed motions for summary judgment claiming that Small's action was barred by res judicata, collateral estoppel and the applicable statute of limitation.
The trial court granted Defendants' motions, and this appeal ensued.
The party appealing the denial of summary judgment has the burden of persuading this Court that the trial court's ruling was improper. Morton v. Moss, 694 N.E.2d 1148, 1151 (Ind. Ct. App. 1998). Upon review of the denial of a motion for summary judgment, we apply the same standard as the trial court. We resolve any doubt as to any fact, or inference to be drawn therefrom, in favor of the non-moving party. Id. Summary judgment should be granted only when the designated evidentiary matter shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Ind. Trial Rule 56 (C). Therefore, on appeal, we must determine whether there is a genuine issue of material fact and whether the law has been correctly applied by the trial court. Morton, 694 N.E.2d at 1151. We may not search the entire record to support the judgment, but may only consider that evidence which was specifically designated to the trial court. Askren Hub States Pest Control Services, Inc. v. Zurich Insurance Company, 721 N.E.2d 270, 274 (Ind. Ct. App. 1999).
Small first contends that the trial court erred in granting summary judgment. Within this broad contention, Small states four sub-issues: (1) his affidavit contains evidence that prec
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