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OSTROWSKI v. EVEREST HEALTHCARE INDIANA

No. 45A03-1012-CT-645.

956 N.E.2d 1144 (2011)

Thomas J. OSTROWSKI and Phyllis Ostrowski, Appellants-Plaintiffs, v. EVEREST HEALTHCARE INDIANA, INC., d/b/a Merrillville Dialysis Center, and Family Mobile Medical Services, Inc., Appellees-Defendants.

Court of Appeals of Indiana.

October 31, 2011.

Attorney(s) appearing for the Case

Michael W. Back , Joshua S. Malher , Attorney Michael W. Back, P.C., Crown Point, IN, Attorneys for Appellant.

Gregory J. Tonner , Ami Anderson Noren , Spangler, Jennings & Dougherty, P.C., Merrillville, IN, Attorneys for Appellee Everest Healthcare Indiana, Inc. d/b/a Merrillville Dialysis Center.

David C. Van Dyke , Katharine H. Hosty , Cassiday Schade LLP, Chicago, IL, Brandon J. Kroft , Cassiday Schade LLP, Chesterton, IN, Attorneys for Appellee Family Mobile Medical Services, Inc.

OPINION

CRONE, Judge.

Case Summary

As a man was reaching to open a door, an EMT exited through the door. The man's hand was injured. The man brought a negligence action against the owner of the building and the EMT's employer. A jury found in favor of the defendants and against the man. The man appeals, presenting three arguments: (1) the trial court erred in giving a final jury instruction on sudden...

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