Affirming trial court denial of Hospital’s MSJ on appellee’s claims relating to death of husband

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Morgan County Hospital, Dr. Richard J. Eisenhut, Unity Physicians, Kendrick Family Practice, and Dr. Donald Baird (collectively Appellants) appeal the trial court’s denial of their motions for summary judgment on Maria Upham’s claims relating to the death of her husband Wilbur A. Upham. Appellants raise the following restated issue: Did the trial court properly deny Appellants’ motions for summary judgment?
Conclusion (slip op. at 13):  We perceive no practical or equitable reason for awarding summary judgment to the Appellant’s.  Judgment affirmed.
Key Analysis (slip op. at 12, 13):  We conclude that Upham’s affidavit does create a genuine issue of material fact about whether the nondisclosure of her malpractice action against Appellants was a good-faith mistake . . . Application of judicial estoppel . . . could potentially have negative consequences for Upham’s creditors by denying them an opportunity to recoup their losses should Upham prevail in this action.

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