Patrick Hawkins v. Anonymous Medical Provider A
── Patrick Hawkins v. Anonymous Medical Provider A ──
Court: Indiana Court of Appeals
Date: June 05, 2026
Author: Paul Mathias
Category: General
IN THE
Court of Appeals of Indiana
FILED
Patrick Hawkins, Jun 05 2026, 9:29 am
CLERK
Appellant/Plaintiff Indiana Supreme Court
Court of Appeals
and Tax Court
v.
Anonymous Medical Provider A, Anonymous Medical Provider
B, Anonymous Medical Provider C, Anonymous Doctor A,
Anonymous Doctor B, Anonymous Doctor C, Anonymous
Doctor D, Anonymous Executive A, and Anonymous Executive
B,
Appellees/Defendants
and
Amy Beard, Commissioner of the Indiana Department of Insurance,
Party of Interest
June 5, 2026
Court of Appeals Case No.
25A-CT-945
Court of Appeals of Indiana | Opinion 25A-CT-945 | June 5, 2026 Page 1 of 19
Appeal from the Vigo Superior Court
The Honorable Daniel W. Kelly, Judge
Trial Court Cause No.
84D06-2109-CT-005179
Opinion by Judge Felix
Judges May and Mathias concur.
Felix, Judge.
Statement of the Case
[1] Patrick Hawkins was seriously injured in a vehicle accident involving a driver
under the influence of prescribed methadone. Hawkins sued nine individuals
and entities associated with the driver’s opioid abuse treatment, and he sought a
preliminary determination that his claims against five of the defendants were
ordinary negligence claims, not medical malpractice claims. A cross-motion for
preliminary determination was filed seeking a determination that the claims
against all defendants were medical malpractice claims. The five defendants
named in Hawkins’s motion also filed a motion to strike certain evidence
Hawkins had designated in support of his motion. The trial court granted the
motion to strike, denied Hawkins’s motion, and granted the cross-motion.
Hawkins now appeals and presents two issues for our review:
1. Whether the trial court abused its discretion by striking certain
designated evidence; and
Court of Appeals of Indiana | Opinion 25A-CT-945 | June 5, 2026 Page 2 of 19
2. Whether the trial court erred by denying Hawkins’s motion for
preliminary determination and granting the cross-motion for preliminary
determination.
[2] We affirm.
Facts and Procedural History
[3] On the morning of September 26, 2019, Ethan Luken was administered
methadone as part of his ongoing opioid abuse treatment, which he had begun
one week before. Later that day, at approximately 5:30 p.m., both Hawkins
and Luken were driving in Terre Haute, Indiana; Hawkins was operating a
motorcycle and Luken was operating a vehicle. While the two were traveling
in opposite directions on Maple Avenue, Luken turned left, colliding with
Hawkins. Luken was uninjured; Hawkins suffered a broken neck, concussion,
and road rash. In connection with this wreck, Luken was charged with and
convicted of operating a vehicle while intoxicated.
[4] Thereafter, Hawkins filed a propose
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