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CLEARY v. MANNING

No. 18A02-0707-CV-599.

884 N.E.2d 335 (2008)

Patrick A. CLEARY, M.D., and Ball Memorial Hospital, Appellants-Defendants, v. Konnie A. MANNING, on her own Behalf and As the Personal Representative of Paul Manning, Deceased, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 14, 2008.

Attorney(s) appearing for the Case

Charles E. Herriman, Kyle C. Persinger, Spitzer Herriman Stephenson Holderead Musser & Conner, LLP, Marion, IN, Attorneys for Appellant, Patrick A. Cleary, M.D.

Kelly J. Pitcher Ice Miller, LLP, Indianapolis, IN, Attorney for Appellant, Ball Memorial Hospital.

Michael J. Tosick, Greenfield, IN, Attorney for Appellee.

OPINION

BARNES, Judge.

Case Summary

Dr. Patrick Cleary and Ball Memorial Hospital (collectively "the Defendants") appeal the denial of their motion for summary judgment against Konnie Manning. We affirm.

Issue

The sole issue is whether the trial court properly concluded that Manning could rely on the doctrine of res ipsa loquitur in her medical malpractice action against the Defendants.

Facts

On March 13, 2002...

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