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CAVENS v. ZABERDAC

No. 45A03-0312-CV-516.

820 N.E.2d 1265 (2005)

Robert CAVENS, M.D., Appellant-Defendant, v. Tim ZABERDAC, Individually and as Administrator of the Estate of Peggy Miller, Deceased, Appellee-Plaintiff.

Court of Appeals of Indiana.

January 20, 2005.

Attorney(s) appearing for the Case

Robert D. Brown, Spangler Jennings & Dougherty, P.C., Merrillville, IN, Attorney for Appellant.

Thomas A. Clancy, Jeanine L. Stevens, Clancy & Stevens, Chicago, IL, Attorneys for Appellee.

OPINION

BARNES, Judge.

Case Summary

Dr. Robert Cavens appeals the entry of judgment against him in the amount of $750,000 in a medical malpractice action brought by Tim Zaberdac, individually and as administrator of the estate of Peggy Miller. We reverse and remand.

Issue

The issue we address today is whether the trial court erred in granting Zaberdac's motion for judgment on the evidence with respect to Dr. Cavens' claim of contributory...

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