MILLER v. MAYBERRY

No. 49S02-8704-CV-364.

506 N.E.2d 7 (1987)

Don H. MILLER, Indiana Insurance Commissioner, Appellant (Defendant below), v. Richard Eugene MAYBERRY and Doris Mayberry, Individually and As Personal Representatives of the Estate of Richard Eugene Mayberry, II, Appellees (Claimants below), Michael Wheeler, M.D., Inc., Gibralter Insurance Company, Winona Memorial Hospital, and the Hartford Insurance Company, Defendants below.

Supreme Court of Indiana.

April 8, 1987.


Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Alfred K.B. Tsang, Frederick S. Bremer, Deputy Attys. Gen., Indianapolis, for appellant.

Craig Pinkus, Mitchell Hurst Pinkus, Jacobs & Dick, Indianapolis, for appellees.

Michael A. Bergin, Locke Reynolds Boyd & Weisell, Indianapolis, for brief of amicus curiae Ins. Institute of Indiana, Inc.


PIVARNIK, Justice.

This cause comes to us on a civil petition to transfer from the Second District Court of Appeals. This is the second time this cause has been decided by the Court of Appeals and the second time transfer has been sought to this Court.

The facts show Ritchie Mayberry, age seventeen (17) months, was struck by an automobile on May 18, 1981. He was taken to Winona Memorial Hospital where he was examined by Dr. Wheeler and released. Dr. Wheeler...

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