from the Fulton Circuit Court The Honorable A. Christopher
Lee, Judge Trial Court Cause No. 25C01-1610-PL-585
Attorney for Appellant John Johnston Johnston & Johnston,
PC Wabash, Indiana.
Attorneys for Appellees - Stryker Corporation & Patrick
Reagan Douglas B. Bates Chelsea R. Stanley Stites &
Harbison PLLC Jeffersonville, Indiana.
Attorney for Appellee - Brad Bolinger Matthew W. Melton
Norris Choplin Schroeder LLP Indianapolis, Indiana.
Attorneys for Appellees - Jeffrey M. Sheedy, M.D., Rochester
Orthopedics, P.C., & Woodlawn Hospital Jason A. Scheele
Dustin J. Tirpak Rothberg Logan & Warsco LLP Fort Wayne,
of the Case
Kathy Dotson appeals the trial court's grant of summary
judgment in favor of Stryker Corporation
("Stryker"), Brad Bolinger, Patrick Reagan, Dr.
Jeffrey M. Sheedy, Rochester Orthopedics, P.C.
("Rochester"), and Woodlawn Hospital
("Woodlawn"). Dotson raises three issues for our
review, which we consolidate and restate as the following two
1. Whether the trial court abused its discretion when it
considered Dotson's deposition on summary judgment when
Dotson had not reviewed or signed her deposition at the time
of its designation.
2. Whether the trial court erred when it entered summary
judgment on the grounds that Dotson had filed her complaint
outside of the relevant statute of limitations.
and Procedural History
In February of 2014, Dotson went to Woodlawn for
knee-replacement surgery, which was to be performed by Dr.
Sheedy. Shortly before she went under anesthesia, Dotson
observed Bolinger and Reagan in her operating room with Dr.
Sheedy and other Woodlawn medical personnel. Dotson could
tell from their dress that Bolinger and Reagan were not
medical personnel-they were in fact employees of Stryker, and
they were present in the room ostensibly to discuss Stryker
products with Dr. Sheedy as they related to knee
replacements. Their presence in the operating room made
Dotson uncomfortable, but before she could object she went
More than two years later, on October 20, 2016, Dotson filed
suit against Stryker, Bolinger, Reagan, Dr. Sheedy,
Rochester, and Woodlawn. Her complaint alleged that the
defendants had committed invasion of privacy when Bolinger
and Reagan had been permitted in the operating room during
her February 2014 knee-replacement surgery. Dotson further
alleged that she had "first learned that [Bolinger and
Reagan] were present during the left knee replacement surgery
. . . after Defendant [Woodlawn had] mailed copies of
[Dotson's] medical records to [her] counsel on or after
October 21, 2014." Appellant's App. Vol. 2 at 18.
In January of 2017, Dr. Sheedy and Rochester moved for
summary judgment on the grounds that, prior to her
knee-replacement surgery, Dotson had signed an authorization
form in which she had "authorized the presence of
product representatives . . . during her operation."
Id. at 32. Dr. Sheedy and Rochester designated
Dotson's signed authorization form along with their
motion for summary judgment. The authorization form stated
that Dotson "authorize[s] and directs Dr. Jeffrey
Sheedy, D[.]O[.] and/or associates or assistants of his/her
choice to perform the operation(s) or procedure(s) listed
above including whatever incidental procedures and/or
additional services, involving anesthesia, radiology,
pathology, product representatives, use of
biological agents and the like as may be advisable for my
well-being." Id. at 39 (emphasis added). Dotson
objected to the admissibility of the authorization form, and,
in an affidavit she designated in response to the motion for
summary judgment, Dotson denied having signed the document.
In April of 2017, Dotson testified in a deposition. On the
first day of her deposition, Dotson admitted that she knew at
the time of her February 2014 surgery that Bolinger and
Reagan were in her operating room, that they were
conspicuously not medical personnel, and that their presence
in the room made her uncomfortable. She further testified
that she did not believe that she had given informed consent
to their presence, and that she did not have the opportunity
to object to their presence prior to the surgery because,
shortly after she had observed Bolinger and Reagan, she was
The first day of Dotson's deposition came to an abrupt
end when she became ill, and the second day of Dotson's
deposition did not occur until June of 2017. However, in May,
between Dotson's two deposition days, Stryker filed its
motion for summary judgment. In addition to relying on the
authorization form, Stryker also designated and relied on the
first day of Dotson's deposition.Relying on that evidence,
Stryker argued that Dotson's complaint had been filed
outside the relevant statute of limitations. On Dotson's
motion, the trial court granted her an extension of time to
August 11 to respond to Stryker's motion and designated
Dotson's second, and last, deposition day occurred on
June 5, 2017. During her testimony on that day, Dotson
admitted that she had signed the authorization form. However,
she testified that she had signed it only after her
knee-replacement surgery had already occurred.
On July 12, Reagan moved for summary judgment. Reagan argued
both that Dotson had authorized his and Bolinger's
presence when she had executed the authorization form and
that the statute of limitations had lapsed prior to Dotson
filing her complaint. Reagan designated the authorization
form and both days of Dotson's deposition. Stryker, Dr.
Sheedy, Rochester, and Woodlawn moved to join Reagan's
motion for summary judgment, which the trial court permitted.