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CAVENS v. ZABERDAC

No. 45S03-0505-CV-239.

849 N.E.2d 526 (2006)

Robert CAVENS, M.D., Appellant (Defendant below), v. Tim ZABERDAC, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 22, 2006.

Attorney(s) appearing for the Case

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

Arend J. Abel, Cohen & Malad, LLP, Indianapolis, IN, Thomas A. Clancy, Jeanine L. Stevens, Clancy & Stevens, Chicago, IL, Attorneys for Appellee.

On Petition To Transfer from the Indiana Court of Appeals, No. 45A03-0312-CV-516

DICKSON, Justice.

The primary appellate issue in this medical malpractice case is whether the trial court erred by prohibiting the physician from asserting the patient's conduct prior to the alleged malpractice as a contributory negligence defense. We affirm the judgment of the trial court.

Following the death of his wife...

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