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PAYNE v. MARION GENERAL HOSP.

No. 80A02-8802-CV-84.

549 N.E.2d 1043 (1990)

David M. PAYNE, Personal Representative of the Estate of Cloyd A. Payne, Deceased, Appellant (Counter-Plaintiff), v. MARION GENERAL HOSPITAL, Miles W. Donaldson, M.D. and Marion Family Practice, Inc., Appellees (Counter-Defendant and Third Party Defendants).

Court of Appeals of Indiana, Second District.

Rehearing Denied March 26, 1990.

Attorney(s) appearing for the Case

C. Robert Rittman, Biddinger & Johnson, Marion, for David M. Payne.

Thomas J. Trauring, Fell McGarvey & Trauring, Kokomo, for Marion General Hosp.

Albert C. Harker, Polly A. Stephenson, Kiley, Osborn, Kiley, Harker Rogers, Michael & Certain, Marion, for Miles W. Donaldson and Marion Family Practice, Inc.

BUCHANAN, Judge.

CASE SUMMARY

Counter-plaintiff-appellant, the Estate of Cloyd Payne, (Estate) appeals from the entry of summary judgment in favor of the counter-defendants-appellees Miles W. Donaldson, M.D. (Dr. Donaldson), Marion General Hospital, Inc. (Hospital) and Marion Family Practice, Inc. (Practice), claiming the trial court erred when it determined there was no genuine issue of material fact.

We reverse in part and affirm in part.

...

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