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METHODIST HOSPITAL OF INDIANA, INC. v. RAY

No. 49S02-9008-CV-557.

558 N.E.2d 829 (1990)

METHODIST HOSPITAL OF INDIANA, INC., Appellant, v. Robert W. RAY, Appellee.

Supreme Court of Indiana.

August 27, 1990.

Attorney(s) appearing for the Case

David S. Allen, Todd J. Kaiser, Kevin Charles Murray, Locke Reynolds Boyd & Weisell, Indianapolis, Sydney F. Arak, Susan M. Staubach, Methodist Hosp. of Indiana, Inc., Indianapolis, for appellant.

Earl C. Townsend, Jr., Earl C. Townsend III, Townsend Yosha & Cline, Indianapolis, for appellee.

PER CURIAM.

This case involves a claim by Robert W. Ray that he contracted Legionnaire's Pneumonia Virus while hospitalized at Methodist Hospital for kidney stone removal. In his complaint against Methodist, Ray alleged that the hospital negligently allowed its premises to become "infested and infected" with the virus. Methodist filed a motion to dismiss alleging that the trial court lacked subject matter jurisdiction, inasmuch as the case had not been submitted to...

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