CHI YUN HO v. FRYE

No. 67S01-0707-CV-291.

880 N.E.2d 1192 (2008)

Chi Yun HO, M.D., Appellant (Defendant below) and Cross-Appellee, v. Loretta M. FRYE and Thomas Hoffmann, Personal Representative of the Estate of Charles Frye, Appellees (Plaintiffs below), and Cross-Appellants.

Supreme Court of Indiana.

February 21, 2008.


Attorney(s) appearing for the Case

Edna M. Koch, Jennifer A. Strickland-Padgett, Zeigler Cohen & Koch, Indianapolis, IN, Attorneys for Appellant.

Daniel M. Mills, Mills Law Office, William C. Lloyd, Lloyd Law Office, E. Paige Freitag, Bauer & Densford, Bloomington, IN, Attorneys for Appellee.

Ind. State Medical Assoc. & The American Medical Assoc., Thomas J. Costakis, Libby Y. Mote, Krieg DeVault LLP, Indianapolis, IN, The Ind. Trial Lawyers Assoc., Stephen L. Williams, Mann Law Firm, Terre Haute, IN, Attorneys for Amicus Curiae.


DICKSON, Justice.

In this medical negligence case arising from the alleged failure to remove all of the surgical sponges following abdominal surgery, the trial court denied the plaintiffs' motion for partial summary judgment, the jury returned a verdict in favor of the surgeon, and the trial court thereafter granted a new trial. The Court of Appeals reversed the denial of partial summary judgment, found for the plaintiffs on liability as a matter of law, and remanded...

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