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HAMILTON v. ASHTON

No. 43A03-0506-CV-300.

850 N.E.2d 466 (2006)

Valerie L. HAMILTON, Appellant-Plaintiff, v. Steven D. ASHTON, D.O., Ashton Cosmetic Surgery, and Kosciusko Community Hospital, Appellees-Defendants.

Court of Appeals of Indiana.

July 12, 2006.

Attorney(s) appearing for the Case

Karen B. Neiswinger, Indianapolis, for Appellant.

Michael H. Michmerhuizen, Tina M. Bell, Barrett & McNagny LLP, Fort Wayne, for Appellee Steven B. Ashton, D.O.

Robert J. Palmer, Jane F. Bennett, May Oberfell Lorber, Mishawaka, for Appellee Kosciusko Community Hospital.

OPINION ON REHEARING

ROBB, Judge.

In Hamilton v. Ashton, 846 N.E.2d 309 (Ind.Ct.App.2006), we held, in part, that the trial court did not err in granting partial summary judgment to Dr. Ashton on the issue of his negligence in the performance of surgery on Valerie Hamilton. Hamilton now petitions for rehearing.1 We grant the petition in order...

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