ROBERTS v. SANKEY

No. 83A04-0308-CV-420.

813 N.E.2d 1195 (2004)

Larry ROBERTS as Personal Representative of the Estate of Nell Roberts, Appellant-Plaintiff, v. Dr. Peggy SANKEY, et. al., Appellee-Defendant.

Court of Appeals of Indiana.

Rehearing Denied October 26, 2004.


Attorney(s) appearing for the Case

Eric A. Frey, Frey Law Firm, Stephen L. Williams, Mann Law Firm, John P. Nichols, C. Joseph Anderson, Anderson & Nichols, Terre Haute, IN, Attorneys for Appellants.

Jill L. McCrory, William N. Ivers, Sonia S. Chen, Stewart & Irwin, P.C., Indianapolis, IN, Attorneys for Appellee Dr. Peggy Sankey.


OPINION

VAIDIK, Judge.

Case Summary

Larry Roberts, personal representative of the estate of Nell Roberts, appeals the trial court's grant of summary judgment in favor of Dr. Peggy Sankey. Because we find that Indiana Code § 16-21-2-7 does not create a private right of action, we conclude that the trial court properly granted summary judgment in favor of Dr. Sankey.

Facts and Procedural History

In 1994, Nell died while she...

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