St. Catherine's Hospital v. Bergner

HOFFMAN, Judge.

Defendant-appellant Saint Catherine's Hospital (Hospital) appeals the trial court's judgment granting plaintiffs-appellees' Donna J. Bergner and Jerome Bergner (the Bergners) motion for relief from a judgment, pursuant to Ind. Rules of Procedure, Trial Rule 60.

The facts relevant to this appeal disclose that the Bergners' filed a negligence suit against the Hospital in June 1979, after Mrs. Bergner fell in a shower while a patient at the Hospital. Because the Berg-ners failed to comply with provisions of the Medical Malpractice Act, the court granted the Hospital's motion to…