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YANEY BY YANEY v. McCRAY MEMORIAL HOSP.

No. 3-1085A284.

496 N.E.2d 135 (1986)

LON YANEY, a Minor Child, BY His Parents, James Yaney and Jean Yaney, Individually, Plaintiffs-Appellants, v. MCCRAY MEMORIAL HOSPITAL, Kenneth Gunkle, Defendants-Appellees, and Nancy Wilson, M.D., (Defendant below).

Court of Appeals of Indiana, Third District.

August 13, 1986.

Attorney(s) appearing for the Case

Ronald L. Sowers, Sowers, Larson, Riebenack & Connolly, Bruce N. Stier, Logan & Stier, Fort Wayne, for plaintiffs-appellants.

Mark Baeverstad, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, for appellees McCray Memorial Hosp. and Kenneth Gunkle.

Richard R. McDowell, Hill, Fulwider, McDowell, Funk & Matthews, Indianapolis, for defendant Nancy Wilson, M.D.

HOFFMAN, Judge.

The appellants, Lon Yaney and his parents, James and Jean Yaney, appeal the grant of summary judgment in their negligence action against the appellee McCray Memorial Hospital. The Yaneys argue that there are factual and legal issues that make the summary judgment improper.

The standard for review of summary judgments is well known. Summary judgment is proper when the pleadings and discovery, together with the affidavits and testimony, liberally...

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