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GATES v. RILEY EX REL. RILEY

No. 49A04-9901-CV-43.

723 N.E.2d 946 (2000)

L.T. GATES, M.D., Appellant-Defendant, v. Mai RILEY, by next friend, her father, Robert Keith RILEY, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied May 4, 2000.

Attorney(s) appearing for the Case

Nana Quay-Smith, Daniel R. Fagan, Grantland M. Clapacs, Bingham Summers Welsh & Spilman, Indianapolis, Indiana, Attorneys for Appellant.

Thomas C. Doehrman, Conour Doehrman Starkey, Indianapolis, Indiana, Attorney for Appellee.

OPINION

FRIEDLANDER, Judge.

In this interlocutory appeal, Dr. L.T. Gates challenges the denial of his summary judgment motion in a medical malpractice action filed against him on behalf of Mai Riley, deceased, by her father, Robert Keith Riley. Upon appeal, Dr. Gates presents the following restated issue for review, which is dispositive of the appeal:

In conjunction with a commercial driver's license application, if a physician indicates on a physical...

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