Legal Opinion

Kenneth W. Smith and Deb-Anne Smith v. Dermatology Associates of Fort Wayne, P.C. a/k/a Dermatology & Laser Surgery Associates of Fort Wayne, P.C.

Indiana Court of Appeals

Decided September 7, 2012No. 02A03-1201-CT-41PublishedCited by 33 opinions

1Opinion of the Court

OPINION

KIRSCH, Judge.

Kenneth W. Smith (“Smith”) and his wife, Deb-Anne Smith, (collectively “the Smiths”) appeal from the trial court’s findings of fact and conclusions thereon 1 after a bench trial on their medical malpractice claim against Dermatology Associates of Fort Wayne, P.C., a/k/a Dermatology & Laser Surgery Associates of Fort Wayne, P.C. (“DLSA”). The Smiths present two issues, which we consolidate and restate as follows: Whether the trial court erred by concluding that the Smiths had failed to present sufficient evidence to invoke the doctrine of res ipsa loquitur.

We affirm.

FACTS…

2Cases cited6 opinions

  1. Daub v. DaubIndiana Court of Appeals · 1994
  2. Garling v. Indiana Department of Natural ResourcesIndiana Court of Appeals · 2002
  3. Mominee v. KingIndiana Court of Appeals · 1994
  4. Rector v. OliverIndiana Court of Appeals · 2004
  5. Mills v. BerriosIndiana Court of Appeals · 2006

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3Cited by33 opinions

  1. Kristy Burnell v. State of IndianaIndiana Supreme Court · 2016
  2. The Branham Corporation v. Newland Resources, LLC and John E. BatorIndiana Court of Appeals · 2015
  3. Charles v. VestIndiana Court of Appeals · 2017
  4. GHPE Holdings, LLC, d/b/a Godby Heating Plumbing Electrical v. Jason HuxleyIndiana Court of Appeals · 2017
  5. Merrillville 2548, Inc. v. BMO Harris Bank N.A.Indiana Court of Appeals · 2015

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

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