Booth v. Wiley

DICKSON, Justice.

In this medical malpractice action, the plaintiffs, L. Thomas Booth and Norma Sue Booth, husband and wife, appeal from a grant of summary judgment in favor of the defendants, Robert G. Wiley, M.D., Ronald K. Norlund, O.D., and Midwest Eye Consultants, P.C., d/b/a Cataract & Laser Institute (collectively, "the defendants"). The Court of Appeals reversed. Booth v. Wiley, 798 N.E.2d 1104 (Ind.Ct. App.2003). We granted transfer and now reverse the summary judgment and remand the case to the trial court.

In their appeal, the plaintiffs contend that, because the evidence shows that…