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SHELTON v. KROGER LTD. PARTNERSHIP I

No. 49A02-1601-CT-75.

58 N.E.3d 229 (2016)

David SHELTON, as Personal Representative of the Estate of Sharon K. Clearwaters, Appellant-Plaintiff, v. KROGER LIMITED PARTNERSHIP I, Appellee-Defendant.

Court of Appeals of Indiana.

August 4, 2016.

Attorney(s) appearing for the Case

Nicholas C. Deets , Hovde Dassow & Deets LLC, Indianapolis, IN, Attorney for Appellant.

Edward B. Mulligan, V , Cohen & Malad, LLP, Indianapolis, IN, Attorney for Amicus Curiae Indiana Trial Lawyers Association.

Nelson Nettles , J. Kirk LeBlanc , LeBlanc Nettles Davis, Brownsburg, IN, Attorneys for Appellee.

Case Summary

In December of 2012, Sharon Clearwaters died as a result of medical complications after taking Levofloxacin. In November of 2013, Appellant-Plaintiff David Shelton, in his position as personal representative for Clearwaters's estate, filed a proposed complaint with the Indiana Department of Insurance ("IDI...

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