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McSWANE v. BLOOMINGTON HOSP.

No. 53A04-0705-CV-243.

882 N.E.2d 244 (2008)

Ava McSWANE, as Personal Representative of the Estate of Malia Vandeneede, and Danielle Hays by Ava McSwane, Appellants-Plaintiffs, v. BLOOMINGTON HOSPITAL AND HEALTHCARE SYSTEM, Appellee-Defendant, Jean M. Eelma, M.D., Appellee-Defendant.

Court of Appeals of Indiana.

March 12, 2008.

Attorney(s) appearing for the Case

David W. Stone IV, Stone Law Office & Legal Research, Anderson, IN, Stephen A. Oliver, Boren, Oliver & Coffey, Martinsville, IN, Attorneys for Appellants.

James L. Whitlatch, Holly M. Harvey, Bunger & Robertson, Bloomington, IN, Attorneys for Bloomington Hospital.

Edward J. Liptak, Jeremy M. Dilts, Carson Boxberger LLP, Bloomington, IN, Attorneys for Jean Eelma, M.D.

OPINION

MAY, Judge.

Bloomington Hospital treated Malia Vandeneede for injuries she said she sustained when she fell off a horse onto some debris. After treatment, she was discharged into her former husband's custody. He killed her on their way home, then killed himself. Ava McSwane, Malia's mother and personal representative, sued the Hospital and Dr. Jean Eelma, who treated Malia, asserting they had a duty to protect her from the domestic violence. The...

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