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WARD v. ST. MARY MEDICAL CENTER OF GARY

No. 45A03-9401-CV-19.

645 N.E.2d 1130 (1995)

Roosevelt WARD, Sr., and William Ward and Roosevelt Ward, Jr., As the Guardians of Roosevelt Ward, Sr., Appellants-Plaintiffs, v. ST. MARY MEDICAL CENTER OF GARY, Jane Doe, and/or John Doe, Whose True and Christian Names Are Unknown and Sonja Tarnow, Who Are Employees and/or Agents of the Defendant, St. Mary Medical Center of Gary and George D. Smalls, M.D., Appellee-Defendant.

Court of Appeals of Indiana, Third District.

January 30, 1995.

Attorney(s) appearing for the Case

John M. Kopak, Merrillville, for appellant.

Randall J. Nye, Beckman, Kelly & Smith, Hammond, for appellee.

OPINION

STATON, Judge.

This is an appeal from a medical malpractice action which presents two issues. The first issue is presented by Roosevelt Ward, Sr., ("Ward"). It is whether the trial court erred in vacating its judgment and declaring a mistrial after receiving the jury's collective statement impeaching its verdict. The second issue is presented by St. Mary Medical Center of Gary ("St. Mary") in its cross...

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