Winona Memorial Foundation Indianapolis

Defendants Winona Memorial Foundation of Indianapolis and Winona Memorial Hospital (colletively referred to hereafter as Winona), bring this interlocutory appeal from the trial courts denial of their motion for summary judgment and the entry of partial summary judgment (finalized by the trial court pursuant to Ind. Rules of Procedure, Trial Rule 56(C)) in favor of the plaintiff-appellee, Rochele Lomax. Lomax claimed she was injured when she tripped and fell over a protruding floorboard on Inonas premises as she prepared to receive physical therapy treatment. She alleged Winonas negligent failure to maintain its floor in a reasonably safe condition cuased her to fall. Winona argued that the language of the medical Malpractice Act was broad enough to encompass Lomaxs claim and that her failure to obtain a medical review panel opinion before commencing her action in court, as required by the Act, entitled Winona to summary judgment. The trial court held Lomaxs claim was not within the scope of the Act, and its procedures, therefore, did not apply. Winonas motion for summary judgment was thus denied and partial summary judgment was entered in favor of Lomax.We affirm.