Cox v. Paul

OPINION

MATHIAS, Judge.

Suzan and Stephen Cox ("the Coxes") filed a complaint against Dr. William Paul ("Dr. Paul") in St. Joseph Circuit Court alleging that Dr. Paul breached his duty to warn Suzan that her dental implants were potentially defective and subject to recall. The Coxes filed a motion for partial summary judgment arguing that Dr. Paul breached his duty to warn as a matter of law. The trial court denied the motion. The Coxes have filed this interlocutory appeal and argue that the trial court erred when it denied their motion because the undisputed material facts establish that they…