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BURNS v. ST. MARY MEDICAL CENTER

No. 45A03-8608-CV-00248.

504 N.E.2d 1038 (1987)

Willie BURNS and James A. Burns, Plaintiffs-Appellants, v. ST. MARY MEDICAL CENTER and Various Employees of St. Mary Medical Center, Whose True Names Are Unknown, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

March 12, 1987.

Attorney(s) appearing for the Case

R. Cordell Funk, Funk & Foster, Hammond, for plaintiffs-appellants.

Rudy Lozano, Kathleen M. Maicher, Spangler, Jennings, Spangler & Dougherty, P.C., Merrillville, for defendants-appellees.

GARRARD, Presiding Judge.

The trial court entered a default judgment against appellants (Burns) for failure to answer interrogatories. Burns appeals claiming abuse of discretion.

The interrogatories were served on July 12, 1985. On August 21, 1985 Burns forwarded to defendants (medical center) some partial answers which were unsigned. See Indiana Rules of Procedure, Trial Rule 33(A). When nothing else was forthcoming the medical center on December 27...

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