Hassan v. Begley

I respectfully dissent. Not only is summary judgment rarely granted in negli-genee actions when the sole issue is proximate cause, but especially in a medical malpractice case based upon negligence, summary judgment is seldom an appropriate disposition. Jones v. Minick, 697 N.E.2d 496, 499 (Ind.Ct.App.1998); Hoskins v. Sharp, 629 N.E.2d 1271, 1277 (Ind.Ct.App.1994), reh'g denied. That is, the issue of proximate cause is generally a question for the jury. State Street Duffy's, Inc. v. Loyd, 623 N.E.2d 1099 (Ind.Ct.App. 1993). This is particularly true when the critical question for resolution…