Legal Opinion

Ross v. Schubert

Indiana Court of Appeals

Decided April 30, 1979No. 2-1176A429PublishedCited by 40 opinions

1Opinion of the Court

CHIPMAN, Presiding Judge.

Appellants Wilburn R. Ross (Ross) and his wife, Bernadine M. Ross, sued the physician defendants for damages based on alleged medical malpractice. This appeal from an adverse verdict and judgment raises one issue: Do the "fellow employee" immunity provisions of the Indiana Workmen's Compensation Act protect a company physician from a claim of medical negligence brought by an employee of the same company. We conclude they do not and reverse.

FACTS

Ross was employed as a factory worker by International Harvester Company at its Fort Wayne plant. The three defendants are…

2Cases cited20 opinions

  1. United States v. Ralph PetrozzielloCourt of Appeals for the First Circuit · 1977
  2. Duprey v. ShaneCalifornia Supreme Court · 1952
  3. Iterman v. BakerIndiana Supreme Court · 1938
  4. City of Indianapolis v. IngramIndiana Court of Appeals · 1978
  5. O'Dell v. State Farm Mutual Automobile InsuranceIndiana Court of Appeals · 1977

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

3Cited by40 opinions

  1. Russell v. OrrMississippi Supreme Court · 1997
  2. Thompson Farms v. CORNO FEED PRODUCTS, ETC.Indiana Court of Appeals · 1977
  3. Fox v. Contract Beverage Packers, Inc.Indiana Court of Appeals · 1980
  4. Darensburg v. Tobey, Texas Court of Appeals, 5th District (Dallas)1994
  5. Deller v. NaymickWest Virginia Supreme Court · 1986

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

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