MANLEY v. SHERER

No. 59S01-1205-PL-249.

992 N.E.2d 670 (2013)

Mary Alice MANLEY, and Gary Manley, Appellants (Plaintiffs), v. Ryan J. SHERER, M.D., and Sherer Family Medicine, P.C., Appellees (Defendants).

Supreme Court of Indiana.

August 8, 2013.


Attorney(s) appearing for the Case

W. Brent Gill , Ken Nunn Law Office, Bloomington, IN, James O. McDonald , Terre Haute, IN, Attorneys for Appellants.

Edward J. Liptak , Jeremy M. Dilts , Carson Boxberger LLP, Bloomington, IN, Attorneys for Appellees.


DICKSON, Chief Justice.

In this medical malpractice action the plaintiffs, Mary Alice Manley and Gary Manley, appeal from a grant of summary judgment in favor of the defendants, Dr. Ryan Sherer and Sherer Family Medicine, P.C. We reverse.

On November 27, 2006, Mary Manley was involved in a head-on automobile collision with Kimberly Zehr. At the scene of the accident, Ms. Manley overheard Ms. Zehr say that "she should not be driving because of her medical condition...

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