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STILLER v. LEATHERMAN

No. 64A03-9310-CV-334.

646 N.E.2d 701 (1995)

Ernest W. STILLER, M.D., Appellant-Defendant, v. Jack LEATHERMAN and Gary Boyn, Trustee of the Bankruptcy Estate of Jack Leatherman, Appellees-Plaintiffs.

Court of Appeals of Indiana, Third District.

February 14, 1995.

Attorney(s) appearing for the Case

Robert D. Hawk, F. Amin Istrabadi, Spangler, Jennings & Dougherty, P.C. Merrillville, for appellant.

R. Kent Rowe, R. Kent Rowe, III, Rowe, Foley & Gardner, South Bend, for appellees.

OPINION

HOFFMAN, Judge.

Defendant-appellant, Ernest W. Stiller, M.D., brings an interlocutory appeal of the denial of his request for summary judgment. The facts relevant to appeal are summarized below.

In April 1986, Dr. Stiller performed surgery on Jack Leatherman's knee. An ensuing infection required amputation of Leatherman's leg below the knee. Leatherman filed a proposed complaint before the Indiana Department of Insurance for medical malpractice...

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