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COX v. PAUL

No. 71A03-0303-CV-92.

805 N.E.2d 901 (2004)

Stephen A. COX and Suzan M. Cox, Appellants-Plaintiffs, v. William E. PAUL, D.D.S., Appellee Defendant.

Court of Appeals of Indiana.

April 7, 2004.

Attorney(s) appearing for the Case

Edmond W. Foley, Douglas D. Small, Foley & Small, South Bend, IN, Attorneys for Appellants.

Elizabeth H. Knotts, Rori L. Goldman, Hill Fulwider, McDowell Funk & Matthews, Indianapolis, IN Attorneys for Appellee.

OPINION

MATHIAS, Judge.

Suzan and Stephen Cox ("the Coxes") filed a complaint against Dr. William Paul ("Dr. Paul") in St. Joseph Circuit Court alleging that Dr. Paul breached his duty to warn Suzan that her dental implants were potentially defective and subject to recall. The Coxes filed a motion for partial summary judgment arguing that Dr. Paul breached his duty to warn as a matter of law. The trial court denied the motion. The Coxes have filed this interlocutory...

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