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JOHNSON v. SULLIVAN

No. 82A05-1102-MI-108.

952 N.E.2d 787 (2011)

Tomika JOHNSON, individually and in her capacity as guardian-conservator for Demond D. Johnson; Demond D. Johnson by next friend Tomika Johnson; and Tomika Johnson in her capacity as personal representative of the estate of Barton C. Johnson, deceased; Appellants-Plaintiffs, v. David SULLIVAN, M.D. et al., Appellees-Defendants.

Court of Appeals of Indiana.

July 27, 2011.

Attorney(s) appearing for the Case

Robert R. Faulkner , Evansville, IN, Attorney for Appellant.

Michelle S. Bryant , Bamberger, Foreman, Oswald & Hahn, LLP, Evansville, IN, Attorney for Appellee.

OPINION

BRADFORD, Judge.

Appellants-Plaintiffs Tomika Johnson, et al., appeal from the trial court's entry of summary judgment in favor of Appellees-Defendants David Sullivan, M.D., et al. Concluding that there is a genuine issue of material fact regarding whether Johnson timely filed her proposed medical malpractice complaint, we reverse and remand for trial.

FACTS

On December 22, 2006, Barton C. Johnson was transferred to...

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