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WINBUSH v. MEMORIAL HEALTH SYSTEM, INC.

No. 20S03-9111-CV-930.

581 N.E.2d 1239 (1991)

John WINBUSH, Appellant (Plaintiff below), v. MEMORIAL HEALTH SYSTEM, INC. d/b/a Memorial Hospital, Joseph Lee, M.D., South Bend Emergency Physicians, Inc., Individually and As Agents of Memorial Health System, Inc., d/b/a Memorial Hospital, and Jane Doe, R.N., Individually and As an Agent of Memorial Health System, Inc., d/b/a Memorial Hospital.

Supreme Court of Indiana.

November 26, 1991.

Attorney(s) appearing for the Case

Anthony DeBonis, Jr., Smith & DeBonis, East Chicago, for appellant Winbush.

Robert J. Palmer, Joseph J. Jensen, Maggi Mawby Chipman, May Oberfell & Lorber, South Bend, for appellee Memorial Health System, Inc. d/b/a Memorial Hosp.

Edward A. Chapleau, South Bend, for appellees Lee & South Bend Emergency Physicians, Inc.

DICKSON, Justice.

In this medical malpractice case, the trial court granted summary judgment for defendants Memorial Health System, Inc., d/b/a Memorial Hospital (Memorial Hospital), Dr. Joseph Lee, M.D., and South Bend Emergency Physicians, Inc. (Emergency Physicians), and against Plaintiff John Winbush. The plaintiff appealed, presenting three issues: 1) failure to notify plaintiff of hearing of the doctors' motion for summary judgment; 2) failure to consider counter...

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