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March 27, 2026 Get Citation Alerts Download PDF Add Note

Munster Medical Research Foundation d/b/a Munster Community Hospital v. Melodyann Clark

Indiana Court of Appeals

• Citations: None known
• Docket Number: 25A-CT-01827
• Judges: Scheele, Brown, Felix

• Disposition: Affirmed, Reversed and Remanded

• Opinion

• Authorities (22)

• Cited By (0)

• Summaries (0)

• Similar Cases (737)

• PDF

Disposition

Affirmed, Reversed and Remanded

Combined Opinion

                        by Judge Felix

FILED
Mar 27 2026, 8:20 am

CLERK
Indiana Supreme Court
Court of Appeals
and Tax Court

IN THE

Court of Appeals of Indiana
Munster Medical Research Foundation, Inc., d/b/a Munster
Community Hospital,
Appellant-Defendant

v.

Melodyann Clark, Individually and as Personal Representative
of the Estate of Terry F. Clark Jr., Deceased,
Appellee-Plaintiff

March 27, 2026
Court of Appeals Case No.
25A-CT-1827
Appeal from the Lake Superior Court
The Honorable Calvin D. Hawkins, Judge
Trial Court Cause No.
45D02-2409-CT-001132

Opinion by Judge Felix

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 1 of 33
Judges Brown and Scheele concur.

Felix, Judge.

Statement of the Case
[1] Terry Clark Jr. died from an aortic dissection, and his widow, Melodyann

Clark—individually and as personal representative of Terry’s estate (the

“Estate”)—sued Munster Medical Research Foundation d/b/a Munster

Community Hospital (the “Hospital”) and others for medical malpractice.

During discovery, a dispute developed regarding the Hospital’s objections to the

Estate’s requests for admissions. Unable to resolve their dispute informally, the

parties turned to the trial court. After a hearing, the trial court ordered the

Hospital to respond to the requests and ordered the Hospital to pay the Estate’s

fees related to the motion to compel. The Hospital now brings this

interlocutory appeal, raising two issues for our review:

1. Whether the trial court abused its discretion by ordering the Hospital to respond to the Estate’s requests for admissions; and
2. Whether the trial court erred by ordering the Hospital to pay for the Estate’s fees related to the motion to compel.

[2] We affirm in part, reverse in part, and remand with instructions.

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 2 of 33
Facts and Procedural History
[3] On September 22, 2018, 45-year-old Terry, who had a history of thoracic aortic

aneurysm, went to the Hospital for chest pains. 1 After undergoing a computed

tomography scan-angiography (a “CTA”), Terry was sent home. Terry

“return[ed] to the emergency department within a day or so” and died soon

thereafter from an “aortic dissection [that] went undetected.” Tr. Vol. II at 6.

In May 2020, the Estate submitted a proposed complaint to the Indiana

Department of Insurance. During the ensuing Medical Review Panel (the

“Panel”) process, the Estate deposed the emergency room doctor and

radiologist. In July 2024, the Panel issued its opinion “find[ing] against the

Hospital,” id. at 7.

[4] Thereafter, on September 20, 2024, the Estate filed its complaint against the

Hospital and others for medical malpractice relating to Terry’s death. On

September 27, the Hospital filed its answer.

[5] On November 13, the Estate propounded ten requests for admissions (the

“Requests”) on the Hospital. The Estate did not define any of the terms it used

1
There is no evidence in the Transcript or Appendix concerning (1) Terry’s hospitalizations and death, and
(2) the Medical Review Panel proceedings. The facts as we have presented them here are drawn from
representations made by the parties in their motion to compel briefing and by the Estate at the motion to
compel hearing.

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 3 of 33
in the Requests. This became a major point of contention when, on February 6,

2025, 2 the Hospital responded to the Requests as follows:

Request No. 1: That on September 22, 2018 when radiology
technologist Goce Lazoski, RT selected the protocol for Terry
Clark, Jr.’s CT angiogram Goce Lazoski was in the course and
scope of his employment with Defendant Munster Medical
Research Foundation d/b/a Community Hospital.

Response: Defendant admits that Goce Lazoski, RT was
working as Defendant’s employee on September 22, 2018.
Defendant is without sufficient information to admit or deny
the remaining allegations and statements contained in this
Request and therefore denies the same.

Request No. 2: That on September 22, 2018 when emergency
medicine physician Rikin Shah, D.O. ordered Terry Clark, Jr.’s
CT angiogram the indication for the study selected by Dr. Shah
was thoracic aortic aneurysm (TAA), follow up.

Response: Defendant objects to this Request because it (1)
does not seek to conclusively establish, and withdraw from
contention, a material fact at issue; (2) is not posed for the
purposes of conclusively establishing a fact that is within the
mutual knowledge of the parties so as to narrow the issues for
trial which are not in dispute but instead seeks to discover facts
or contentions; and (3) is unduly burdensome because it is
inartfully drafted, imprecise, and unduly ambiguous since the

2
The Hospital received an extension of time for its responses.

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 4 of 33
terms “indication” and “selected” are subject to multiple
alternative interpretations.

Request No. 3: That on September 22, 2018 when emergency
medicine physician Rikin Shah, D.O. ordered Terry Clark, Jr.’s
CT angiogram the indication for the study selected by Dr. Shah
was not pulmonary embolism.

Response: Defendant objects to this Request because it (1)
does not seek to conclusively establish, and withdraw from
contention, a material fact at issue; (2) is not posed for the
purposes of conclusively establishing a fact that is within the
mutual knowledge of the parties so as to narrow the issues for
trial which are not in dispute but instead seeks to discover facts
or contentions; and (3) is unduly burdensome because it is
inartfully drafted, imprecise, and unduly ambiguous since the
terms “indication” and “selected” are subject to multiple
alternative interpretations.

Request No. 4: That the manner in which radiology technician
Goce Lazoski, RT selected the protocol for Terry Clark, Jr.’s CT
angiogram on September 22, 2018 was not tailored or protocoled
in the manner for evaluating the thoracic aorta or an aortic
dissection.

Response: Defendant objects to this Request because it (1)
does not seek to conclusively establish, and withdraw from
contention, a material fact at issue; (2) is not posed for the
purposes of conclusively establishing a fact that is within the
mutual knowledge of the parties so as to narrow the issues for
trial which are not in dispute but instead seeks to discover facts
or contentions; and (3) is unduly burdensome because it is
inartfully drafted, imprecise, and unduly ambiguous since the
terms “manner,” “selected,” “protocol,” “tailored,” “protocoled,”

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 5 of 33
and “evaluating” are subject to multiple alternative
interpretations.

Request No. 5: That on September 22, 2018 when Terry Clark,
Jr.’s CT angiogram was provided to radiologist Justin Spackey,
M.D., nobody from the Community Hospital staff furnished Dr.
Spackey with the indications of use for the CT angiogram.

Response: Defendant objects to this Request because it (1)
does not seek to conclusively establish, and withdraw from
contention, a material fact at issue; (2) is not posed for the
purposes of conclusively establishing a fact that is within the
mutual knowledge of the parties so as to narrow the issues for
trial which are not in dispute but instead seeks to discover facts
or contentions; and (3) is unduly burdensome because it is
inartfully drafted, imprecise, and unduly ambiguous since the
terms “provided,” [“]nobody,” “furnished,” and “indications of
use” are subject to multiple alternative interpretations.

Request No. 6: That on September 22, 2018 at Community
Hospital the radiology technician Goce Lazoski, RT selected the
pulmonary embolism protocol for Terry Clark, Jr.’s CT
angiogram.

Response: Defendant objects to this Request because it (1)
does not seek to conclusively establish, and withdraw from
contention, a material fact at issue; (2) is not posed for the
purposes of conclusively establishing a fact that is within the
mutual knowledge of the parties so as to narrow the issues for
trial which are not in dispute but instead seeks to discover facts
or contentions; and (3) is unduly burdensome because it is
inartfully drafted, imprecise, and unduly ambiguous since the
terms “selected” and “protocol” are subject to multiple
alternative interpretations.

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 6 of 33
Request No. 7: That on September 22, 2018 at Community
Hospital the radiology technician Goce Lazoski, RT should have
selected the thoracic aortic aneurysm (TAA) protocol for Terry
Clark, Jr.’s CT angiogram.

Response: Defendant objects to this Request because it (1)
does not seek to conclusively establish, and withdraw from
contention, a material fact at issue; (2) is not posed for the
purposes of conclusively establishing a fact that is within the
mutual knowledge of the parties so as to narrow the issues for
trial which are not in dispute but instead seeks to discover facts
or contentions; (3) is unduly burdensome because it is
inartfully drafted, imprecise, and unduly ambiguous since the
terms “should have,” “selected,” and “protocol” are subject to
multiple alternative interpretations; and (4) invades or seeks to
invade the opinion work product of Defendant’s counsel by
purporting to require that such counsel undertake a legal
analysis of whether radiology technician Goce Lazoski, RT
“should have selected” the TAA “protocol” so that any
response to this Request would reveal the mental impressions,
conclusions, opinions, legal theories, and legal analyses of or
by such counsel contrary to applicable law including T.R. 26
and Amax Coal Co. v. Adams, 597 N.E.2d 350 (Ind. Ct. App.
1992).

Request No. 8: The CT angiogram on September 22, 2018 at
Community Hospital for Terry Clark, Jr. was protocoled in a
manner that the contrast density was within the pulmonary
arteries predominantly.

Response: Defendant objects to this Request because it (1)
does not seek to conclusively establish, and withdraw from
contention, a material fact at issue; (2) is not posed for the
purposes of conclusively establishing a fact that is within the
mutual knowledge of the parties so as to narrow the issues for

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 7 of 33
trial which are not in dispute but instead seeks to discover facts
or contentions; and (3) is unduly burdensome because it is
inartfully drafted, imprecise, and unduly ambiguous since the
terms “protocoled,” “in a manner,” and “predominantly” are
subject to multiple alternative interpretations.

Request No. 9: That on September 22, 2018 Goce Lazoski, RT
deviated from the applicable standard of care by selecting the
pulmonary embolism protocol for Terry Clark, Jr.’s CT
angiogram.

Response: Defendant objects to this Request because it (1)
does not seek to conclusively establish, and withdraw from
contention, a material fact at issue; (2) is not posed for the
purposes of conclusively establishing a fact that is within the
mutual knowledge of the parties so as to narrow the issues for
trial which are not in dispute but instead seeks to discover facts
or contentions; (3) is unduly burdensome because it is
inartfully drafted, imprecise, and unduly ambiguous since the
terms “selecting” and “protocol” are subject to multiple
alternative interpretations; and (4) invades or seeks to invade
the opinion work product of Defendant’s counsel by
purporting to require that such counsel undertake a legal
analysis of whether radiology technician Goce Lazoski, RT
“should have selected” the TAA “protocol” so that any
response to this Request would reveal the mental impressions,
conclusions, opinions, legal theories, and legal analyses of or
by such counsel contrary to applicable law including T.R. 26
and Amax Coal Co. v. Adams, 597 N.E.2d 350 (Ind. Ct. App.
1992).

Request No. 10: That on September 22, 2018 Goce Lazoski, RT
deviated from the applicable standard of care by not selecting the
thoracic aortic aneurysm protocol for Terry Clark, Jr.’s CT
angiogram.

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 8 of 33
Response: Defendant objects to this Request because it (1)
does not seek to conclusively establish, and withdraw from
contention, a material fact at issue; (2) is not posed for the
purposes of conclusively establishing a fact that is within the
mutual knowledge of the parties so as to narrow the issues for
trial which are not in dispute but instead seeks to discover facts
or contentions; (3) is unduly burdensome because it is
inartfully drafted, imprecise, and unduly ambiguous since the
terms “selecting” and “protocol” are subject to multiple
alternative interpretations; and (4) invades or seeks to invade
the opinion work product of Defendant’s counsel by
purporting to require that such counsel undertake a legal
analysis of whether radiology technician Goce Lazoski, RT
“should have selected” the TAA “protocol” so that any
response to this Request would reveal the mental impressions,
conclusions, opinions, legal theories, and legal analyses of or
by such counsel contrary to applicable law including T.R. 26
and Amax Coal Co. v. Adams, 597 N.E.2d 350 (Ind. Ct. App.
1992).

Appellant’s App. Vol. II at 43–46 (emphases in original).

[6] On February 10, the Estate sent a letter to the Hospital “tak[ing] issue with” the

Hospital’s qualified response to Request 1 and objections to Requests 2 through

1. Appellant’s App. Vol. II at 47. The Estate noted that the Hospital’s

qualified response to Request 1 “failed to comply with” Indiana Trial Rule 36 3

3
The version of Indiana Trial Rule 36 in effect in 2025 provided in relevant part that the “answering party
may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that
he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient
to enable him to admit or deny or that the inquiry would be unreasonably burdensome.” Ind. Trial Rule
36(A) (effective Jan. 1, 1982, to Dec. 31, 2025). The current version of Trial Rule 36—which went into effect
on January 1, 2026—essentially retains this requirement. T.R. 36(D); see also Order Amending Rules of Trial
Procedure, No. 25S-MS-5 (Ind. Sept. 9, 2025).

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 9 of 33
and that the Hospital’s partial denial was not “supported by any evidence.” Id.

at 50. As to the remaining Requests, the Estate pointed to the physicians’

depositions that were taken during the Panel proceedings and the Hospital’s

submission to the Panel (the “Submission”). Regarding the latter, the Estate

reminded the Hospital that it had used the words “indication” and “protocol”—

some of the same words with which it was now claiming were “unduly

ambiguous” and “imprecise.” Id. at 48–50. On February 14, the Estate and the

Hospital had a telephonic conference to resolve the discovery dispute, but no

resolution was reached.

[7] On March 21, the Estate deposed Lazoski, after which the Estate asked the

Hospital to amend its responses to the Requests based upon Lazoski’s

testimony. The Hospital did not do so. So, on April 25, the Estate filed a

motion to compel the Hospital to answer the Requests; the Estate also

requested an award of expenses related to its motion. In its response, the

Hospital raised new objections to the Requests, arguing they were not

“proportional,” Appellant’s App. Vol. II at 86, and were not served for a proper

purpose.

[8] After a hearing, the trial court found and ordered as follows:

1. That [the] Hospital is hereby Ordered to either admit or deny without objection, qualification or evasion all ten (10) of the Requests for Admission previously propounded within thirty (30) days of this Order or they shall be deemed admitted by operation of law.

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 10 of 33
2. That there being no substantial justification for [the
Hospital]’s objections to the Requests for Admission, an award of
expenses and attorney[s’] fees is warranted pursuant to Ind. Trial
Rule 36, 37 and [the Estate]’s Affidavit filed on June 16, 2025.
As a consequence[,] expenses and attorney[s’] fees in the amount
of $5,694.80 (Five Thousand Six Hundred Ninety-Four Dollars
and Eighty Cents) shall be paid by [the Hospital] to [the Estate]’s
counsel for having to bring this matter before the Court.

Appellant’s App. Vol. II at 13–14. The Hospital successfully sought a stay of

this order and initiated this interlocutory appeal as of right pursuant to Indiana

Appellate Rule 14(A)(1).

Discussion and Decision
[9] The Hospital challenges the trial court’s discovery order and sanction. See

AMW Invs., Inc. v. Town of Clarksville, 246 N.E.3d 1213, 1218–19 (Ind. 2024)

(holding a party may challenge a contempt sanction and underlying discovery

order on interlocutory appeal). “We review discovery orders and discovery

sanctions for an abuse of discretion.” Id. at 1222 (citing State v. Int’l Bus. Machs.

Corp., 964 N.E.2d 206, 209 (Ind. 2012); Care Grp. Heart Hosp., LLC v. Sawyer, 93

N.E.3d 745, 751 (Ind. 2018)). An abuse of discretion occurs if the trial court’s

decision is “clearly against the logic and effect of the facts and circumstances

and the error affects a party’s substantial rights.” Jennings v. Smiley, 249 N.E.3d

1071, 1075 (Ind. 2025) (quoting Hall v. State, 36 N.E.3d 459, 466 (Ind. 2015)),

reh’g denied (Mar. 25, 2025). “This deferential standard gives way to de novo

review when it comes to interpreting our trial rules.” Id. (citing Minges v. State,

192 N.E.3d 893, 896 (Ind. 2022)).

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 11 of 33
[10] First, we address the Hospital’s challenge to the discovery order. Second, we

address the Hospital’s challenge to the discovery sanction.

1. The Trial Court Did Not Abuse Its Discretion by Ordering the Hospital to Answer the Requests

[11] The Hospital first argues that the trial court abused its discretion by ordering the

Hospital to admit or deny the Requests without objection, qualification or

evasion. Requests for admissions are governed by Trial Rule 36, which at all

times relevant hereto provided that a “party may serve upon any other party a

written request for the admission . . . of the truth of any matters within the

scope of Rule 26(B) set forth in the request.” Ind. Trial Rule 36(A) (effective

Jan. 1, 1982, to Dec. 31, 2025). Where, as here, the requesting party requests

an order concerning the answering party’s objections, the trial court must

determine whether the objections are justified. Id. If the trial court concludes

that an objection is not justified, “it shall order that an answer be served,” or it

may “determine that final disposition of the request be made at a pre-trial

conference or at a designated time prior to trial.” Id.

[12] The Hospital specifically argues that the trial court abused its discretion because

its objections to Requests 2 through 10 were justified. 4 We address this

4
On appeal, the Hospital does not argue that its response to Request 1 complied with Trial Rule 36. See T.R.
36(A) (effective Jan. 1, 1982, to Dec. 31, 2025) (providing that answers to requests must comply with Trial
Rule 36, and further providing that the “answering party may not give lack of information or knowledge as a
reason for failure to admit or deny unless he states” (1) “that he has made reasonable inquiry” and (2) “that
the information known or readily obtainable by him is insufficient to enable him to admit or deny or that the
inquiry would be unreasonably burdensome”). The Hospital has thus waived any challenge to the trial

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 12 of 33
argument in two parts: (a) First, we address the original objections the Hospital

raised in its responses to the Requests. (b) Second, we address the additional

objections the Hospital raised in its opposition to the Estate’s motion to compel.

a. Original Objections

[13] In its response to the Requests, the Hospital raised the following two objections

to Requests 2 through 10: (i) they are “unduly burdensome because [they are]

inartfully drafted, imprecise, and unduly ambiguous since [certain identified]

terms . . . are subject to multiple alternative interpretations”; and (ii) they do

“not seek to conclusively establish, and withdraw from contention, a material

fact at issue” but were instead “posed for the purposes of . . . discover[ing] facts

or contentions.” Appellant’s App. Vol. II at 43–46. We address each objection

in turn. 5

i. Inartfully Drafted

[14] Trial Rule 36 “squarely places a burden upon the answering party to establish a

‘fact’ for the requesting party’s cause of action.” F.W. Means & Co. v. Carstens,

428 N.E.2d 251, 257 (Ind. Ct. App. 1981) (footnote omitted). Consequently,

the requesting party bears “the burden of ‘artfully draft[ing] the statement of

court’s ruling concerning its response to Request 1. See Ind. Appellate Rule 46(A)(8)(a); Miller v. Patel, 212
N.E.3d 639, 657 (Ind. 2023) (quoting Dridi v. Cole Kline LLC, 172 N.E.3d 361, 364 (Ind. Ct. App. 2021)).
5
The Hospital also objected to Requests 7, 9, and 10 on the basis that they “invade[] or seek[] to invade the
opinion work product of [the Hospital]’s counsel.” Appellant’s App. Vol. II at 45–46. On appeal, the
Hospital does not argue that this objection was justified. The Hospital has thus waived any challenge to the
trial court’s ruling concerning this objection. See App. R. 46(A)(8)(a); Miller, 212 N.E.3d at 657 (quoting
Dridi, 172 N.E.3d at 364).

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 13 of 33
fact contained in the request for admission’ in such a manner that is precise,

unambiguous, and not misleading to the answering party.” Walker v. Emps. Ins.

of Wausau, 846 N.E.2d 1098, 1102 (Ind. Ct. App. 2006) (quoting Weldy v. Kline,

652 N.E.2d 107, 110 (Ind. Ct. App. 1995)); see also F.W. Means & Co., 428

N.E.2d at 257. “A request for admission is ambiguous if it is subject to more

than one reasonable interpretation. But it must also be understood in the

context of the law that applies to the case.” Walker, 846 N.E.2d at 1103.

[15] The Hospital took issue with the following terms in the Requests: “indication,”

“indications of use,” “protocol,” “protocoled,” “tailored,” “selected,”

“selecting,” “provided,” “furnished,” “evaluating,” “manner,” “in a manner,”

“predominantly,” “should have,” and “nobody.” Appellant’s App. Vol. II at

43–46. In particular, the Hospital objected to the use of these terms because

they are all “subject to multiple alternative interpretations.” Id.

[16] “Indication” generally means something that serves to show, point out, or

demonstrate the necessity or advisability of another thing. 6 “Indication” is used

in this way in Requests 2, 3, and 5 as well as in the Hospital’s Submission to the

Panel: “Dr. Shah noted that the indications for the CTA were ‘Thoracic aortic

aneurysm (TAA) follow up,’” and “Dr. Shah . . . ordered a Chest CTA at 8:37

p.m. with an indication of ‘Thoracic aortic aneurysm (TAA) follow up.’”

6
Indication, MERRIAM-WEBSTER.COM DICTIONARY (Jan. 25, 2026), https://www.merriam-
webster.com/dictionary/indication; Indicate, MERRIAM-WEBSTER.COM DICTIONARY (Jan. 24, 2026),
https://www.merriam-webster.com/dictionary/indicate.

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 14 of 33
Appellant’s App. Vol. II at 28 (emphases added). 7 Similarly, on December 16,

2021, Dr. Shah testified in a deposition that he “personally, under orders,

type[d] in CT angio chest and then click[ed] on CT angio chest and then put in

[his] indication of thoracic aortic aneurysm.” Id. at 69 (emphasis added).

[17] “Protocol” generally means “a system of rules that explain the correct conduct

and procedures to be followed” in a particular situation, 8 which is how it is used

in Requests 4, 6, 7, 8, 9, and 10. Furthermore, in its letter to the Hospital

regarding the Requests and objections, the Estate asserted that the Hospital also

used the word “protocol” in the Submission, id. at 50; the Hospital does not

dispute this.

[18] The rest of the challenged terms appear to be used in their ordinary sense in the

context of the Requests. Nevertheless, the Hospital asserts that “indication,”

“selecting,” “selected,” “protocol,” “protocoled,” “manner,” “tailored,”

“evaluating,” “provided,” and “furnished” all “have distinct technical uses that

may or may not agree with their common definitions.” Appellant’s Br. at 26.

Dooming its argument, the Hospital does not elaborate on this contention and

does not provide any of the alleged “distinct technical” definitions, id., or

“alternative interpretations,” Appellant’s App. Vol. II at 43–45, of any of these

7
The Submission itself is not in the record; instead, we have only the excerpts the Estate included in its
motion to compel briefing in this case. The Hospital does not dispute the accuracy of those excerpts, so we
assume they are true and authentic.
8
Protocol, MERRIAM-WEBSTER.COM DICTIONARY (Jan. 13, 2026), https://www.merriam-
webster.com/dictionary/protocol.

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 15 of 33
terms except for “protocol.” In offering a different definition for “protocol,” the

Hospital points to an excerpt of Lazoski’s deposition, Appellant’s Br. at 26,

which occurred after the Hospital lodged the inartful-drafting-objections.

Furthermore, the Hospital’s attempt to show that “protocol” may have been a

word that Lazoski used differently than the physicians is not persuasive.

[19] Based on the foregoing, we cannot say any of the challenged terms are

imprecise, ambiguous, or misleading such that they render any of the Requests

subject to more than one reasonable interpretation. In other words, the Estate’s

use of the challenged terms did not amount to inartful drafting. The trial court

thus did not abuse its discretion by determining the Hospital’s inartful drafting

objections were unjustified.

ii. Posed to Discover Facts or Contentions

[20] “An important purpose of Rule 36 is to more quickly and efficiently reach a

resolution based on the actual facts.” Garrett v. Nissan of Lafeyette, LLC, 216

N.E.3d 496, 502–03 (Ind. Ct. App. 2023) (alterations omitted) (citing Costello v.

Zavodnik, 55 N.E.3d 348, 353 (Ind. Ct. App. 2016), reh’g denied; Fairland

Recreational Club, Inc. v. Indianapolis Downs, LLC, 818 N.E.2d 100, 101–02 (Ind.

Ct. App. 2004)), reh’g denied (Oct. 4, 2023); see also Gen. Motors Corp., Chevrolet

Motor Div. v. Aetna Cas. & Sur. Co., 573 N.E.2d 885, 888 (Ind. 1991), reh’g denied.

Trial Rule 36 “is part of an overarching preference of our court system: when

possible, to resolve cases on the merits. The rule seeks to streamline the process

by allowing parties to essentially stipulate to matters which are not seriously in

dispute . . . .” Garrett, 216 N.E.3d at 503. Thus, requests for admissions are not
Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 16 of 33
the proper vehicle for discovering unknown facts. Yount v. Carpenter Co., 219

N.E.3d 127, 132 (Ind. Ct. App. 2023) (quoting Ind. Constr. Serv., Inc. v. Amoco

Oil Co., 533 N.E.2d 1300, 1301 (Ind. Ct. App. 1989)). When requests for

admissions are used properly, they “simplify pre-trial investigation and

discovery, facilitate elimination of unnecessary evidence at trial, and reduce the

time and expense demands upon the parties, their counsel[,] and the courts.”

Gen. Motors, 573 N.E.2d at 888.

[21] The Hospital argues that “the Requests improperly sought to discover

information that the Estate did not know” because “the Estate did not know

and could not know what the terms it was using in the Requests at the time it

made them” meant, as demonstrated by “Lazoski’s deposition[, which]

revealed a different understanding of those terms.” Appellant’s Br. at 28. The

Hospital further explains that if it had “made the admissions sought by the

Estate, it would have ‘discovered’ the meaning of the terms as ascribed to them

by the Estate and not their actual meanings under the facts and circumstances

of this case.” Id. at 29; see also Appellant’s App. Vol. II at 88. In essence, the

Hospital’s improper-use objection is a rehashing of its inartful drafting

objection. As discussed above, the Requests were not inartfully drafted. See

supra ¶¶ [14]–[19]. So we cannot agree that the Hospital would have discovered

the plain meanings of the challenged terms by admitting or denying the

Requests. The trial court thus did not abuse its discretion by determining the

Hospital’s proper use objections were unjustified.

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 17 of 33
b. Additional Objections

[22] In opposing the Estate’s motion to compel, the Hospital raised two new

objections to the Requests: (i) the Requests were not tendered for a proper

purpose; and (ii) the Requests were not “proportional,” Appellant’s App. Vol.

II at 86. At the hearing on its motion to compel and on appeal, the Estate

argues that pursuant to AMW Investments v. Town of Clarksville, 246 N.E.3d 1213

(Ind. 2024), the Hospital waived all these objections by failing to raise them

when it responded to the Requests. We agree that the additional objections

were not timely raised, nor were they reasonable extensions of the timely raised

objections. However, even if a written discovery objection is untimely, a trial

court may excuse the tardiness. AMW Investments, 246 N.E.3d at 1222. Here,

the trial court appears to have addressed the objections on their merits and

concluded that these objections were not justified. We therefore address each

of the additional objections in turn.

i. Proper Purpose

[23] As explained in more detail above, see supra ¶ [20], requests for admissions

permit parties to identify “legal contentions and issues for which evidentiary

proof will not be necessary.” Yount, 219 N.E.3d at 132 (quoting Gen. Motors,

573 N.E.2d at 888). When used properly, requests for admissions streamline

discovery and trial by reducing the time and expense for the parties and the trial

court. Id. (quoting Gen. Motors, 573 N.E.2d at 888).

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 18 of 33
[24] At the motion-to-compel stage, the Hospital asserted that the Requests were

“cumulati[ve] and duplicati[ve of] other discovery” and were meant to “avoid[]

the burdens and costs of proving” the Estate’s case. 9 Appellant’s App. Vol. II at

1. In support, the Hospital pointed to (1) when the Estate served the Requests,

(2) the similarity between some of the Requests and certain allegations in the

complaint, and (3) another Trial Rule the Estate could have used. We address

each objection in turn.

[25] When the Requests Were Served. The Hospital argued that the Requests were

“premature” because they were served “just 55 days” after the Hospital

answered the complaint, Appellant’s App. Vol. II at 89 (emphasis omitted), and

“were issued while fact and expert discovery remain ongoing,” id. at 81. Under

the relevant version of Trial Rule 36, a request for admission “may, without

leave of court, be served . . . upon any other party with or after service of the

summons and complaint upon that party.” T.R. 36(A) (effective Jan. 1, 1982,

to Dec. 31, 2025). The Estate was well within the timing confines of Trial Rule

36 when it served the Requests on the Hospital. 10 And the Trial Rules do not

require a party to use discovery mechanisms in a particular order. See generally

9
The Hospital also alleged that the Estate intended to use the Requests to “set[] up a misguided claim for
attorney[s’] fees.” Appellant’s App. Vol. II at 89. The Hospital does not reassert this argument on appeal.
10
The Estate would have been well within the timing confines of the current version of Trial Rule 36, as well.
See T.R. 36(B) (“The request may, without leave of court, be served not earlier than ten days after the issues
are first closed on the merits . . . .”).

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 19 of 33
T.R. 26–37. That is especially true where, as here, discovery occurred before

the lawsuit was ever filed.

[26] Similarity to Complaint. In opposing the motion to compel, the Hospital

argued that the Requests “track[ed] the Complaint,” and “[u]sing words like

‘protocol’ and mentioning Mr. Lazoski by name in the Subject Requests does

not distinguish the . . . Requests from the allegations in the Complaint that [the

Hospital] already denied.” Appellant’s App. Vol. II at 90. The Hospital did

not state which Requests tracked which allegations in the complaint. For the

first time on appeal, the Hospital claims that Requests 9 and 10 track

Paragraphs 2 and 6 of the complaint. The Hospital’s obvious waiver of this

argument aside, 11 we cannot agree that Requests 9 and 10 track Paragraphs 2

and 6 of the complaint.

[27] Request 9 states, “That on September 22, 2018 Goce Lazoski, RT deviated

from the applicable standard of care by selecting the pulmonary embolism

protocol for Terry Clark, Jr.’s CT angiogram.” Appellant’s App. Vol. II at 41,

1. Request 10 states, “That on September 22, 2018 Goce Lazoski, RT

deviated from the applicable standard of care by not selecting the thoracic aortic

aneurysm protocol for Terry Clark, Jr.’s CT angiogram.” Id. at 41, 45.

Paragraph 2 of the complaint states, “At all material times herein, Defendants

owed a duty and standard of care to their patient Terry F. Clark, Jr., breached

11
It is well established that arguments raised for the first time on appeal are generally waived. Plank v. Cmty.
Hosps. Ind., Inc., 981 N.E.2d 49, 53 (Ind. 2013) (quoting Freytag v. C.I.R., 501 U.S. 868, 895 (1991)).

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 20 of 33
said duty and standard of care, were negligent, and caused injuries and

damages.” Id. at 15. Paragraph 6 states,

Defendants Munster Community Hospital, Midwest Emergency
Associates - Munster, LLC, and Munster Radiology Group, P.C.
are jointly and severally liable for the negligence and breaches of
duty of their partners, agents, and employees pursuant to the
doctrine of respondeat superior, principal/agent and partnership
law and for all damages and injuries to Plaintiff and Terry F.
Clark, Jr.

Id. at 16. Neither of these Paragraphs are specifically about Lazoski, and

neither say anything about a thoracic aortic aneurysm protocol for a CT

angiogram. The Requests are much more specific than the Paragraphs and are

not duplicative thereof.

[28] Finally, the Hospital cites to one case in support of its complaint-tracking

objection: Perez v. Miami-Dade County, 297 F.3d 1255 (11th Cir. 2002). In Perez,

the Court of Appeals for the Eleventh Circuit concluded that it was

“inappropriate for a plaintiff to re-serve the complaint in the form of a request

for admissions in order to ‘require the defendant to admit or deny nearly every

paragraph’” of a complaint the defendant had already answered. Id. at 1269

(collecting cases). The circumstances in Perez are not even close to the

circumstances currently before us. The Requests were not so similar to the

complaint in this case that the Hospital’s complaint-tracking objection was

justified. We leave for another day whether the tactic addressed in Perez is

good-lawyering, frowned upon, or bad faith in Indiana.

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 21 of 33
[29] Alternate Methods. The Hospital also maintained that the matters addressed

by the Requests were better addressed via Trial Rule 16 stipulations. Trial Rule

16 requires parties in a civil case to meet and confer before a pre-trial

conference about “stipulat[ing] in writing with reference to all facts and issues

not in genuine dispute.” T.R. 16(C)(3). Parties are not required to stipulate,

id., although the practice is favored, Corbin v. State, 713 N.E.2d 906, 908 (Ind.

Ct. App. 1999) (citing Gann v. State, 570 N.E.2d 976, 978 (Ind. Ct. App. 1991),

trans. denied; Kelly v. State, 527 N.E.2d 1148, 1153 (Ind. Ct. App. 1988),

summarily aff’d, 539 N.E.2d 25, 26 (Ind. 1989)), trans. denied.

[30] While the Hospital may have preferred to use Trial Rule 16 stipulations, the

Estate was free to use Trial Rule 36 to obtain admissions. On this particular

front, the Hospital does not get to dictate the Estate’s litigation strategy.

[31] Summary. None of the conduct the Hospital complains of indicates the Estate

propounded the Requests for an improper purpose. Accordingly, the trial court

did not err by determining the Hospital’s improper purpose objection was

unjustified.

ii. Proportionality

[32] Trial Rule 26(B)(1) “limits the scope of discovery to matters that are both

relevant and proportional.” Jennings, 249 N.E.3d at 1077 (emphasis in original).

The Hospital argues that the Requests are not proportional under Trial Rule

26(B)(1)(iii), which provides that a discovery request may be limited if “the

burden or expense of the proposed discovery outweighs its likely benefit.” T.R.

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 22 of 33
26(B)(1)(iii) (effective Jan. 1, 2013, to Dec. 31, 2025). In making this

determination, the trial court “tak[es] into account the needs of the case, the

amount in controversy, the parties’ resources, the importance of the issues at

stake in the litigation, and the importance of the proposed discovery in

resolving the issues.” Id.

[33] Needs of the Case. The Hospital argues the Requests do not serve the needs of

the case because “the nature of [a] medical malpractice claim requires expert

testimony to establish the standard of care, its breach, and causation.”

Appellant’s Br. at 24 (citing Overshiner v. Hendricks Reg’l Health, 119 N.E.3d

1124, 1126 (Ind. Ct. App. 2019), reh’g denied (Apr. 16, 2019), trans. denied, 132

N.E.3d 379 (Ind. 2019)). According to the Hospital, the Estate is using the

Requests to “short-circuit other discovery methods” and “sort through” alleged

“inconsistencies” among its experts’ opinions. Id.

[34] It is undoubtedly true that “a medical malpractice plaintiff is ordinarily required

to present expert opinion that a defendant health care provider’s conduct fell

below the applicable standard of care.” Overshiner, 119 N.E.3d at 1132 (citing

Chi Yun Ho v. Frye, 880 N.E.2d 1192, 1201 (Ind. 2008)). Without the benefit of

expert opinion on the ultimate question of breach of duty, it would be nearly

impossible for the trier of fact to apply the standard of care given the technical

and complicated nature of medical treatment. Id. (quoting Bader v. Johnson, 732

N.E.2d 1212, 1217–18 (Ind. 2000)).

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 23 of 33
[35] This is not to say that in a medical malpractice case, standard of care, breach,

and causation cannot be established via requests for admissions. “Trial Rule 36

‘permits a request for admission regarding an opinion, a contention, or a legal

conclusion, if the request is related to the facts of the case.’” Yount, 219 N.E.3d

at 133 (emphases added) (quoting Gen. Motors, 573 N.E.2d at 888). Thus, a

medical malpractice defendant is free to admit or deny that it deviated from the

applicable standard of care. See id. (quoting Gen. Motors, 573 N.E.2d at 888);

T.R. 36(A) (effective Jan. 1, 1982, to Dec. 31, 2025) (“A party who considers

that a matter of which an admission has been requested presents a genuine issue

for trial may not, on that ground alone, object to the request . . . .”). Although

expert testimony may typically be required to allow the trier of fact to decide

whether the defendant’s conduct fell below the relevant standard, Indiana does

not prescribe how that testimony is presented—by traditional testimony,

affidavit, stipulation, Trial Rule 36 admission, or other means.

[36] Furthermore, Overshiner v. Hendricks Regional Health—the case on which the

Hospital relies—is a medical malpractice case in which the trial court granted a

directed verdict because the plaintiffs failed to establish the applicable standard

of care at trial, 119 N.E.3d at 1129–30. The plaintiffs sued the hospital where

their daughter suffered post-birth complications. Id. at 1126. The plaintiffs’

only expert was a retired neuropathologist, he admitted that he did not meet the

relevant guidelines for testifying in the case, and he indicated he had never been

involved in the handover between obstetrician and pediatrician after a child is

born. Id. at 1127. This court affirmed the directed verdict, concluding that the

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 24 of 33
plaintiffs’ expert did not testify to the standard of care required of obstetricians,

pediatricians, and nursing staff. Id. at 1133. Thus, Overshiner is not particularly

helpful or applicable in the context of a discovery dispute.

[37] Nevertheless, the Hospital argues that “in any medical malpractice case,

requests for admissions addressing subjects within the scope of medical expert

testimony per se do not address the needs of the case,” Appellant’s Reply Br. at 7

(emphases in original), because “the Medical Malpractice Act’s panel review

process is a state-mandated production of medical expert opinions designed to

supply the need for expert opinions before litigation even begins,” id. (citing

I.C. § 34-18-10-22(b)). The existence of experts in a case does not automatically

preclude a party’s ability to avail itself of Trial Rule 36. See T.R. 26(B)(1)(iii)

(effective Jan. 1, 2013, to Dec. 31, 2025) (requiring balancing of proposed

discovery’s burden and benefit). Just because evidence already exists

concerning an issue does not necessarily mean that the parties cannot have the

opportunity to streamline the litigation by determining whether there are

serious disputes about that evidence or issue. See Garrett, 216 N.E.3d at 502–03

(quoting Costello, 55 N.E.3d at 353) (explaining an “important purpose” of T.R.

36 “is to quickly and efficiently reach a resolution based on the actual facts”).

[38] The Hospital’s reliance on Himsel v. Indiana Pork Producers Ass’n, 95 N.E.3d 101

(Ind. Ct. App. 2018), is also misplaced. In Himsel, the trial court denied a

motion to compel production of documents from non-parties, finding the

requests were “irrelevant, overbroad and onerous.” Id. at 108. This court

affirmed, concluding in relevant part that the requesting party had “already

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 25 of 33
acquired substantial evidence from other sources,” the requested documents

would have “little additional benefit to the Plaintiffs in proving their claims,”

and the requests placed a heavy burden on the non-parties because of the “sheer

breadth of records the subpoenas asked [them] to comb over.” Id. at 111. The

discovery dispute in Himsel is not directly comparable to the discovery dispute

in this case. The Estate is not seeking documents from a nonparty; it is seeking

Trial Rule 36 admissions from the Hospital.

[39] Amount in Controversy. The Hospital states that the amount in controversy is

“limited due to the damages caps.” Appellant’s Br. at 24 (citing I.C. § 34-18-14-

3). According to the Estate, the applicable $1.65 million damages cap “is no

mere limited sum.” Appellee’s Br. at 20.

[40] Parties’ Resources. The Hospital claims the Estate has ample resources based

on its retention of four experts in this case and will suffer less financial strain

than the Hospital if the trial court’s order is upheld. The Estate claims the

Hospital has more resources and will not have to incur much expense to

respond to the Requests. None of these claims are supported by citations to the

record, see Ind. Appellate Rule 46(A)(8)(a) (requiring statements of fact be

supported by record citations), and it appears no evidence was presented

thereon during the motion to compel proceedings.

[41] Importance of Issues at Stake. The overarching issue at stake in this case is

whether the Hospital is liable to the Estate for medical malpractice in treating

Terry. The Hospital alleges that “[t]he importance of the issues at stake is based

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 26 of 33
on the need for expert testimony.” Appellant’s Br. at 24 (citing Overshiner, 119

N.E.3d at 1126). The Estate desires to streamline evidence at trial, especially

facts about Lazoski selecting a protocol different from that ordered by the

treating physician.

[42] Importance of Requests in Resolving Issues. The Hospital argues that the

Requests have “no importance in resolving the issues in controversy because

they do not reflect or confirm any outcome-determinative facts not in dispute.”

Appellant’s Br. at 25. As the Estate points out, however, the Requests could be

dispositive, depending on how the Hospital responds. This is true regardless of

other discovery that has been conducted. See Garrett, 216 N.E.3d at 502–03

(quoting Costello, 55 N.E.3d at 353) (explaining an “important purpose” of T.R.

36 “is to quickly and efficiently reach a resolution based on the actual facts”).

[43] On Balance. On this record, there is nothing that suggests the burden or

expense of the Requests outweighs their likely benefit. The trial court did not

abuse its discretion by determining that the Hospital’s proportionality objection

was unjustified.

c. Conclusion

[44] Based on the foregoing, we cannot say the trial court abused its discretion by

determining that the Hospital’s objections to the Requests were not

substantially justified. The trial court therefore did not abuse its discretion by

ordering the Hospital to amend its responses to the Requests.

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 27 of 33
2. The Trial Court Erred by Sanctioning the Hospital Without First
Providing an Opportunity for a Hearing or Holding a Hearing

[45] The Hospital argues that the trial court erred in awarding the Estate expenses

related to its motion to compel without first holding a hearing. At the June 13

hearing on the Estate’s motion to compel, the trial court indicated it was

leaning toward granting the motion; gave the parties the opportunity to submit

proposed orders no later than June 20; and stated it would issue an order “on or

before June 25,” Tr. Vol. II at 30. On June 16, the Estate submitted its

proposed order and an affidavit sworn to under the penalties of perjury

concerning motion-related expenses. The affidavit contained a narrative of

expenses. Four days later, on June 20, the Hospital submitted its proposed

orders—one denying the motion and one deferring the ruling. On June 25, the

trial court issued its order granting the motion to compel and ordering the

Hospital to pay the Estate $5,694.80.

[46] When a trial court grants a motion to compel responses to a request for

admissions, it must award the requesting party its motion-related expenses,

unless the responding party’s opposition was substantially justified or an

expenses award would be unjust. T.R. 36(A) (effective Jan. 1, 1982, to Dec. 31,

2025); id. 37(A)(4) (effective Jan. 1, 2008, to Dec. 31, 2025). Before awarding

such fees, the trial court must provide an opportunity for a hearing. Id. 37(A)(4)

(effective Jan. 1, 2008, to Dec. 31, 2025). It is error for a trial court to not hold

a hearing on Trial Rule 37(A)(4) expenses, but such error may be harmless if

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 28 of 33
the responding party cannot show that “the lack of a hearing affected the

sanction amount.” Sawyer, 93 N.E.3d at 758.

[47] For example, in Care Group Heart Hospital, LLC v. Sawyer, the trial court

awarded the plaintiff more than $27,000 in expenses as a sanction for

defendant’s discovery abuses. 93 N.E.3d at 757. The trial court held a hearing

on defendants’ failure to comply with the order compelling discovery;

afterwards, the trial court “issued an order indicating that ‘[a]ny expenses, fees,

or costs shall be determined when submitted by Plaintiff,’ as discussed during

the hearing.” Id. at 758 (alteration in original). The plaintiff filed a “detailed

fee request, including over fifty pages of spreadsheets itemizing and describing

the expenses he sought to recover”; the defendants filed a response in which

they explained why many of the expenses “fell outside of the court’s discovery

order”; and the plaintiff filed a reply. Id. The trial court failed to hold a hearing

before entering the award, which was error. Id. The plaintiff appealed the

award because it was less than he requested, but in arguing that he was entitled

to a hearing under Trial Rule 37(A)(4), id. at 757–58, he could not point to any

information “a hearing would have revealed that the record did not already

supply,” id. at 758. The Indiana Supreme Court concluded that the plaintiff

failed to show he was prejudiced by the lack of a hearing, so the trial court’s

error in not holding a hearing was harmless. Id.

[48] Here, it is undisputed that the trial court did not hold a hearing on the Estate’s

Trial Rule 37(A)(4) fees. Although the parties generally discussed such

expenses at the June 13 hearing on the Estate’s motion to compel, the Estate

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 29 of 33
had not yet submitted any documentation regarding the specific fees it was

requesting should it prevail on the motion to compel, and the trial court had not

yet officially ruled on the motion to compel. In fact, at the hearing on the

motion to compel, the following exchange occurred regarding the Estate’s Trial

Rule 37(A)(4) expenses:

THE COURT: I read your motion before coming out here. I
haven’t heard any figures regarding your expenses.

[THE ESTATE’S COUNSEL]: Oh, I’m sorry. What my
understanding was, and I know I have more than ten hours into
it up to this point, but if the Court finds in our favor, then my
thought would have been that I would submit an affidavit of my
time.

THE COURT: All right. So you didn’t prepare one?

[THE ESTATE’S COUNSEL]: I did not for this hearing, Judge.

THE COURT: All right.

Tr. Vol. II at 17.

[49] Because the trial court neither held a Trial Rule 37(A)(4) hearing nor gave the

parties an opportunity for such a hearing, it was error for the trial court to

award the Estate Trial Rule 37(A)(4) expenses. The question therefore becomes

whether this error was harmless. See Sawyer, 93 N.E.3d at 758.

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 30 of 33
[50] The Hospital argues that it “had no opportunity to argue against the fee award”

or “to cross-examine the fee affidavit.” Appellant’s Br. at 33. We must agree.

Although the Hospital did not file a response to the Estate’s affidavit or ask the

trial court for time to respond thereto, it did not have much of an opportunity to

do so; the trial court did not request a response from the Hospital on the

Estate’s fee affidavit, and it issued its sanctions order only nine days after the

Estate submitted its affidavit. Importantly, in that affidavit, the Estate sought

expenses related to Lazoski’s deposition, and the Estate’s counsel did not aver

that his $350 hourly rate is reasonable. As to the former, the Hospital argues on

appeal that “Lazoski was a fact witness” who may not have been deposed

“solely in relation to bringing the motion to compel.” Id. at 33–34. As to the

latter, the Hospital argues on appeal that the Estate’s attorneys’ fees may not be

reasonable and reasonableness is a requirement of Trial Rule 37(A)(4). It is

apparent from the Hospital’s appellate briefing that a hearing likely would have

supplied information that the record—that is, the Estate’s affidavit—did not.

[51] Moreover, unlike the plaintiff in Sawyer who challenged the lack of a Trial Rule

37(A)(4) hearing because he was dissatisfied with the amount of expenses

awarded to him, the Hospital is challenging the lack of such a hearing because

of the amount of expenses awarded against it. On a record such as this, the

prejudice inherent in not holding a Trial Rule 37(A)(4) hearing is likely

significant for the party paying motion-to-compel-related expenses. With only

an affidavit summarizing the Estate’s expenses, we do not have a fully fleshed

out argument regarding whether and to what extent the requested expenses

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 31 of 33
were incurred in relation to the motion to compel, the reasonableness of those

expenses, or any other arguments the parties deem relevant. The trial court’s

error in ordering the Hospital to pay the Estate’s motion-related expenses

without first providing an opportunity for a Trial Rule 37(A)(4) hearing or

holding such a hearing was not harmless.

Conclusion
[52] In sum, the trial court did not abuse its discretion by ordering the Hospital to

amend its responses to the Requests, but the trial court did err by sanctioning

the Hospital without first providing an opportunity for a hearing or holding a

hearing. We therefore affirm that part of the trial court’s order requiring the

Hospital to amend its responses to the Requests, reverse that part of the order

imposing the sanction, and remand with instructions for the trial court to

provide the parties an opportunity for a hearing or hold a hearing in accordance

with Trial Rule 37(A)(4) (effective Jan. 1, 2008, to Dec. 31, 2025).

[53] Affirmed in part, reversed in part, and remanded.

Brown, J., and Scheele, J., concur.

ATTORNEY FOR APPELLANT
Adam J. Sedia
Johnson & Bell, P.C.
Crown Point, Indiana

ATTORNEY FOR APPELLEE

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 32 of 33
Daniel B. Vinovich
Hilbrich Cunningham Dobosz
Vinovich & Sandoval, LLP
Highland, Indiana

Court of Appeals of Indiana | Opinion 25A-CT-1827 | March 27, 2026 Page 33 of 33