2 p.m. 09A02-1112-CT-1191. Dorothy Curts, an elderly woman in her 80s, fell from her bed while staying at Miller’s Merry Manor nursing home. She was taken to the local emergency room and treated, but approximately 24 hours after the incident she passed away. Dorothy Curts’ son, Michael Curts, brought suit, acting individually and as personal representative of the Estate of Dorothy J. Curts. He raised claims of breach of contract, wrongful death, and negligent infliction of emotional distress. Pursuant to the Indiana Medical Malpractice Act, a medical review panel convened and determined the evidence does not support a conclusion that the nursing home failed to meet the appropriate standard of care and the conduct complained of was not a factor in the resultant damages. Miller’s Merry Manor then moved for summary judgment, which the trial court granted. Curts contends he met his burden of establishing a genuine issue of material fact such that summary judgment was inappropriate.