Legal Opinion
Kennedy v. Murphy
Indiana Supreme Court
Decided December 27, 1995No. 29S02-9512-CV-1376PublishedCited by 24 opinions
1Opinion of the Court
On Petition To Transfer
DICKSON, Justice.
When responding to a medical malpractice defendant's motion for summary judgment based upon a medical review panel opinion finding only that the defendant satisfied the applicable standard of care, must a plaintiff establish an issue of fact not only as to breach of the duty of eare, but also as to proximate cause? Because there exists a conflict among the decisions of the Court of Appeals on this issue, we grant transfer.
Upon the filing of this medical malpractice action by plaintiffs Judy L. Kennedy and James B. Kennedy, the defendant physicians, Sara…
2Cases cited8 opinions
- Jarboe v. Landmark Community Newspapers of Indiana, Inc.Indiana Supreme Court · 1994
- Hoskins v. SharpIndiana Court of Appeals · 1994
- Ellis v. SmithIndiana Court of Appeals · 1988
- Kerr v. CarlosIndiana Court of Appeals · 1991
- Randolph County Hospital v. LivingstonIndiana Court of Appeals · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Sword v. NKC Hospitals, Inc.Indiana Supreme Court · 1999
- Warner Trucking, Inc. v. Carolina Casualty InsuranceIndiana Supreme Court · 1997
- Abbott v. BatesIndiana Court of Appeals · 1996
- General Motors Corp. v. Northrop Corp.Indiana Court of Appeals · 1997
- Miller Brewing Co. v. Bartholemew County Beverage Co.Indiana Court of Appeals · 1996
19 more not listed; retrieve them via the Exa API.