Legal Opinion

Cleary v. Manning

Indiana Court of Appeals

Decided April 14, 2008No. 18A02-0707-CV-599PublishedCited by 7 opinions

1Opinion of the Court

OPINION

BARNES, Judge.

Case Summary

Dr. Patrick Cleary and Ball Memorial Hospital (collectively “the Defendants”) appeal the denial of their motion for summary judgment against Konnie Manning. We affirm.

Issue

The sole issue is whether the trial court properly concluded that Manning could rely on the doctrine of res ipsa loquitur in her medical malpractice action against the Defendants.

Facts

On March 13, 2002, Paul Manning went to BaE Memorial Hospital (“the Hospital”) to undergo surgery to have tumors removed from his neck and ear. Dr. Cleary was the surgeon, and the anesthesiologist was Dr. Ann…

2Cases cited8 opinions

  1. New York, Chicago & St. Louis Railroad v. HendersonIndiana Supreme Court · 1957
  2. Huffman v. Monroe County Community School Corp.Indiana Supreme Court · 1992
  3. Vogler v. DominguezIndiana Court of Appeals · 1993
  4. Gold v. IshakIndiana Court of Appeals · 1999
  5. Palmer v. Comprehensive Neurologic Services, P.C.Indiana Court of Appeals · 2007

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3Cited by7 opinions

  1. Ashley T. Tucker v. Michelle R. Harrison, M.D.Indiana Court of Appeals · 2012
  2. Jamie Thomson v. Saint Joseph Regional Medical Center and Michael Borkowski, M.D.Indiana Court of Appeals · 2015
  3. City of Hammond v. PlysIndiana Court of Appeals · 2008
  4. Ziobron v. SquiresIndiana Court of Appeals · 2008
  5. Maurice Johnson v. Blue Chip Casino, LLC, d/b/a Blue Chip Casino Hotel SpaIndiana Court of Appeals · 2018

2 more not listed; retrieve them via the Exa API.

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