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ROSS v. SCHUBERT

No. 2-1176A429.

388 N.E.2d 623 (1979)

Wilburn R. ROSS and Bernadine M. Ross, Plaintiffs-Appellants, v. Jerome C. SCHUBERT, Robert M. Schleinkofer, and Garland D. Anderson, Defendants-Appellees.

Court of Appeals of Indiana, Fourth District.

April 30, 1979.

Attorney(s) appearing for the Case

Robert Thompson and David Peebles, Peebles, Thompson, Rogers & Hamilton, Fort Wayne, James W. Bowers, Palmer, Bowers & Brewer, Huntington, for appellants.

Milford M. Miller, Grant F. Shipley, Livingston, Dildine, Haynie & Yoder, Fort Wayne, Williams P. Door, Lord Bissell & Brook, Chicago, III., Ted S. Miller, Gordon, Glenn, Miller, Bendall & Branham, Huntington, for appellees.

CHIPMAN, Presiding Judge.

Appellants Wilburn R. Ross (Ross) and his wife, Bernadine M. Ross, sued the physician defendants for damages based on alleged medical malpractice. This appeal from an adverse verdict and judgment raises one issue: Do the "fellow employee" immunity provisions of the Indiana Workmen's Compensation Act protect a company physician from a claim of medical negligence brought by an employee of the same company. We conclude they do not and reverse...

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