Legal Opinion

Wishard Memorial Hospital v. Kerr

Indiana Court of Appeals

Decided May 10, 2006No. 49A02-0508-CV-793PublishedCited by 17 opinions

1Opinion of the Court

OPINION

BARNES, Judge.

Case Summary

Wishard Memorial Hospital ("Wishard") appeals the trial court's denial of its motion to dismiss Jenny Kerr's complaint, which alleged negligence on Wishard's part and sought personal injury damages. We affirm.

Issue

The sole issue is whether the trial court properly concluded that Wishard did not employ Kerr at the time of her injury and, therefore, the Worker's Compensation Act ("the Act") did not bar her from bringing this cause of action against Wishard.

Facts

Kerr is a registered nurse ("RN") who was directly employed by CareStaff, Inc., which is a temporary…

Also in this document: Concurrence.

2Cases cited19 opinions

  1. GKN Co. v. MagnessIndiana Supreme Court · 2001
  2. Orr v. Westminster Village North, Inc.Indiana Supreme Court · 1997
  3. Sword v. NKC Hospitals, Inc.Indiana Supreme Court · 1999
  4. Journal-Gazette Co. v. Bandido's, Inc.Indiana Supreme Court · 1999
  5. Ludy v. StateIndiana Supreme Court · 2003

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3Cited by17 opinions

  1. Walker v. MartinIndiana Court of Appeals · 2008
  2. B.R. ex rel. Todd v. StateIndiana Court of Appeals · 2013
  3. Kenwal Steel Corp. v. SeyringIndiana Court of Appeals · 2009
  4. Mark Vinup v. Joe's Construction, LLC and Joe Getz and Property-Owners Insurance Company v. Joe's Construction, LLC and Joe GetzIndiana Court of Appeals · 2016
  5. DOE CORP. v. HonoreIndiana Court of Appeals · 2011

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

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