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McSWANE v. BLOOMINGTON HOSP. HEALTHCARE

No. 53S04-0808-CV-00420.

916 N.E.2d 906 (2009)

Ava McSWANE, as Personal Representative of the Estate of Malia Vandeneede and Danielle Hays by Ava McSwane, Appellants (Plaintiffs Below), v. BLOOMINGTON HOSPITAL AND HEALTHCARE SYSTEM, and Jean M. Eelma, M.D., Appellees (Defendants Below).

Supreme Court of Indiana.

November 30, 2009.

Attorney(s) appearing for the Case

David W. Stone IV, Anderson, IN, Stephen A. Oliver, Martinsville, IN, Attorneys for Appellant.

Angela M. Smith, Kimberly A. Emil, Indianapolis, IN, Attorneys for Amicus Curiae, Indiana Hospital Association.

James L. Whitlatch, Holly M. Harvey, Bloomington, IN, Attorneys for Bloomington Hospital and Healthcare System.

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

On Petition to Transfer from the Indiana Court of Appeals, No. 53A04-0705-CV-00243

SHEPARD, Chief Justice.

The estate of a domestic violence victim whose former husband killed her on the way home after she insisted on leaving the hospital with him sued the hospital and the treating physician for her death. The trial court granted summary judgment on the basis of lack of duty and contributory negligence. We affirm.

Facts and Procedural History

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