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McDANIEL v. SAGE

No. 2-779A204.

419 N.E.2d 1322 (1981)

Richard E. McDaniel, Appellant, v. Charles V. SAGE, M.D. and Margaret Watters, Appellees.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied July 1, 1981.

Attorney(s) appearing for the Case

Michael J. Tosick, Ging, Free, Brand, Tosick & Van Winkle, Greenfield, Steven H. Frank, Magnuson, Dein & Hammes, Indianapolis, for appellant Richard E. McDaniel.

Jon D. Krahulik, John P. Price, Bingham, Summers, Welsh & Spilman, Indianapolis, for appellee Charles V. Sage, M.D.

William Levy, Eskenazi, Mitchell, Yosha & Hurst, Indianapolis, for appellee Margaret Watters.

MILLER, Judge.

In March, 1975 appellant Richard McDaniel filed his amended complaint against the appellees Margaret Watters, R.N., and Charles V. Sage, M.D., alleging Watters negligently administered an injection prescribed by Sage who McDaniel claimed was also liable on an agency theory. At the close of McDaniel's evidence on the first day of trial, the court granted Sage's Motion for Judgment on the Evidence (Directed Verdict) pursuant to Ind. Rules of Procedure...

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