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MALOOLEY v. McINTYRE

No. 49A02-9011-CV-656.

597 N.E.2d 314 (1992)

John R. MALOOLEY, M.D. and Eric Cure, M.D., Appellants, v. Gary R. McIntyre, Sr., Administrator of the Estate of Suzanne McIntyre, Deceased, Appellee.

Court of Appeals of Indiana, Second District.

August 5, 1992.

Attorney(s) appearing for the Case

Caroline Gilchrist, Cohen & Malad, P.C., Indianapolis, Kevin Murray, Locke, Reynolds, Boyd & Weisell, Indianapolis, for appellant John R. Malooley, M.D.

Steven J. Cohen, Tipton Cohen & Koch, Indianapolis, for appellant Eric Cure, M.D.

Marshall S. Hanley, Olivia A. Napariu, Mitchell Hurst Jacobs & Dick, Indianapolis, for appellee.

SULLIVAN, Judge.

This is an interlocutory appeal from the trial court's denial of motions for summary judgment filed by defendants Dr. John Malooley (Dr. Malooley) and Dr. Eric Cure (Dr. Cure).

We reverse.

The issue certified by the trial court for our review is:

"Whether summary judgment is proper in a medical malpractice action where there is no expert evidence that the conduct complained of was a factor in the resultant damages." Record...

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