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CHEATHAM v. POHLE

No. 40S01-0209-CV-471.

789 N.E.2d 467 (2003)

Doris CHEATHAM, Appellant (Plaintiff Below), v. Michael POHLE, Appellee (Defendant Below).

Supreme Court of Indiana.

May 30, 2003.

Attorney(s) appearing for the Case

Thomas J. Lantz, David W. Paugh, Seymour, Indiana, Attorneys for Appellant.

Andrew M. Auersch, Timothy J. O'Connor, Indianapolis, Indiana, Attorneys for Appellee.

David W. Stone, Indiana Trial Lawyers Association, Anderson, Indiana, John C. Trimble, Anthony M. Eleftheri, A. Richard M. Blaiklock, Insurance Institute of Indiana, Indianapolis, Indiana, Attorneys for Amicus Curiae.

Steve Carter, Attorney General, Scott A. Kreider, David L. Steiner, James B. Martin, Deputy Attorneys General, Indianapolis, Indiana, Attorneys for State of Indiana.

ON PETITION FOR TRANSFER

BOEHM, Justice.

Indiana's punitive damages allocation statute provides that an award of punitive damages is to be paid to the clerk of the court, and the clerk is to pay seventy-five percent of it to the State's Violent Crime Victims' Compensation Fund and twenty-five percent to the plaintiff. We hold the statute does not create an unconstitutional...

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