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WRIGHT v. MILLER

No. 54S01-1207-CT-430.

989 N.E.2d 324 (2013)

Sharon WRIGHT, and Leslie Wright, Appellants (Plaintiffs), v. Anthony E. MILLER, D.P.M., and Achilles Podiatry Group, Appellees (Defendants).

Supreme Court of Indiana.

June 21, 2013.

Attorney(s) appearing for the Case

James E. Ayers , Wernle, Ristine & Ayers, Crawfordsville, IN, Attorney for Appellant.

Peter H. Pogue , Julia Abbott Condict , Schultz & Pogue, LLP, Indianapolis, IN, Attorneys for Appellee.

DICKSON, Chief Justice.

Plaintiffs Sharon and Leslie Wright appeal the striking of their expert witness and the dismissal of their medical malpractice claim against Dr. Anthony Miller and Achilles Podiatry Group pursuant to Trial Rules 37(B) and 41(E). We reverse.

In April and June of 2004, Dr. Miller performed surgeries on Mrs. Wright's left and right feet, respectively. The surgeries, the plaintiffs contend, produced injurious results. They further argue...

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