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INFECTIOUS DISEASE OF INDIANAPOLIS, P.S.C. v. TONEY

No. 49A05-0402-CV-80.

813 N.E.2d 1223 (2004)

INFECTIOUS DISEASE OF INDIANAPOLIS, P.S.C., and Douglas H. Webb, M.D., Appellants-Defendants, v. Ruth TONEY, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 27, 2004.

Attorney(s) appearing for the Case

Nana Quay-Smith, Daniel R. Fagan, Kelly R. Eskew, Bingham McHale LLP, Indianapolis, IN, Attorneys for Appellants.

Kevin Charles Murray, Julia Blackwell Gelinas, Lucy R. Dollens, Locke Reynolds LLP, John P. Gulyas, Indiana Department of Insurance, Indianapolis, IN, Attorneys for Amicus Curiae.

Mary J. Hoeller, Indianapolis, IN, Attorney for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

Infectious Disease of Indianapolis, P.S.C. and Douglas H. Webb, M.D. (collectively, "Dr. Webb") bring this discretionary interlocutory appeal challenging the denial of Dr. Webb's fourth motion for summary judgment in a medical malpractice suit filed by Ruth Toney. Dr. Webb claims that because Toney has received her full measure of damages from another health care provider and from the Indiana Patient's Compensation...

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