BASINGER v. SULLIVAN

No. 75A03-8804-CV-103.

540 N.E.2d 91 (1989)

Pamela G. BASINGER, f/k/a Pamela G. Birkey, and Wesley Birky and Nila Berky, Husband and Wife, Plaintiffs-Appellants, v. James L. SULLIVAN, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

June 27, 1989.


Attorney(s) appearing for the Case

Lance D. Cline, Kathy A. Lee, Townsend Yosha & Cline, Indianapolis, for plaintiffs-appellants.

R. Kent Rowe, R. Kent Rowe, III, Rowe, Foley & Huelat, South Bend, for defendant-appellee.


GARRARD, Presiding Judge.

This case presents an extremely unfortunate chronicle of malpractice. The sole question before us on appeal is whether under the circumstances attorney James L. Sullivan should be held to respond for the damages suffered by plaintiffs (referred to collectively as Basingers). The trial court determined that he should not and entered summary judgment in his favor.

The undisputed facts may be briefly summarized. In 1977 a physician operated...

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