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MULLINS v. PARKVIEW HOSP., INC.

No. 02S04-0608-CV-292.

865 N.E.2d 608 (2007)

W. Ruth MULLINS and Johnce Mullins, Jr., Appellants (Plaintiffs below), v. PARKVIEW HOSPITAL, INC., Preferred Anesthesia Consultants, P.C., Kathryn B. Carboneau, M.D., University of Saint Francis of Fort Wayne, Indiana, Inc., LaRea VanHoey, Fort Wayne OB/GYN Consultants, LLC, and Marvin E. Eastlund, M.D., Appellees (Defendants below).

Supreme Court of Indiana.

May 2, 2007.

Attorney(s) appearing for the Case

Sherrill Wm. Colvin, Lori W. Jansen, Fort Wayne, IN, Attorneys for Appellants.

Cathleen M. Shrader, Michael H. Michmerhuizen, John M. Clifton, Jr., Fort Wayne, IN, Attorneys for Appellee LaRea VanHoey.

Edward L. Murphy, Jr., Jason A. Scheele, Fort Wayne, IN, Attorneys for Appellees Fort Wayne OB/GYN Consultants, LLC and Marvin E. Eastlund, M.D.

On Petition to Transfer from the Indiana Court of Appeals, No. 02A04-0412-CV-671.

SULLIVAN, Justice.

With appropriate permission and supervision, an emergency medical technician student performed a procedure on a patient at the outset of surgery. The procedure was not performed correctly and the patient sued the student for battery. We hold that the trial court properly granted the student summary judgment because there was no evidence that the student intended...

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