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PASSMORE v. LEE ALAN BRYANT HEALTH CARE FACILITIES, INC.

No. 61A01-0108-CV-286.

765 N.E.2d 625 (2002)

Mark R. PASSMORE, as Personal Representative of the Estate of Eva L. Passmore, and Mark R. Passmore, Individually, Appellants-Plaintiffs, v. LEE ALAN BRYANT HEALTH CARE FACILITIES, INC., Appellee-Defendant.

Court of Appeals of Indiana.

March 27, 2002.

Attorney(s) appearing for the Case

James R. Fisher, Debra H. Miller, Ice Miller, Indianapolis, IN, for Appellants.

Janet A. McSharar, Alastair J. Warr, Harrison & Moberly, LLP, Indianapolis, IN, for Appellee.

OPINION

MATHIAS, Judge.

Mark R. Passmore, as Personal Representative of the Estate of Eva L. Passmore, and individually ("Passmore"), appeals the trial court's grant of summary judgment in favor of Lee Alan Bryant Health Care Facilities, Inc. ("LAB"). Passmore presents five issues for review, which we restate as the following one dispositive issue: Whether the trial court erred when it found that Indiana does not recognize the torts of conscious and negligent...

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