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KEIM v. POTTER

No. 29A02-0208-CV-698.

783 N.E.2d 731 (2003)

David L. KEIM, Appellant-Plaintiff, v. Robert S. POTTER, M.D., Appellee-Defendant.

Court of Appeals of Indiana.

February 20, 2003.

Attorney(s) appearing for the Case

J. Richard Kiefer, Darlene R. Seymour, Kiefer & McGoff, Indianapolis, IN, Attorneys for Appellant.

Daniel R. Fagan, Nana Quay-Smith, Candace L. Sage, Whitney White Soergel, Bingham McHale, Indianapolis, IN, Attorneys for Appellee.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

David L. Keim appeals the trial court's entry of partial summary judgment in favor of Robert S. Potter, M.D. on Keim's medical malpractice claim. Keim presents two issues for our review, which we consolidate and restate as: whether the trial court erred when it found that the modified impact rule bars Keim's emotional damages claim.

We reverse and remand.

FACTS AND PROCEDURAL HISTORY...

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