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MILLER v. MAYBERRY

No. 06S01-8911-CV-878.

546 N.E.2d 834 (1989)

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 (Claimant below).

Supreme Court of Indiana.

November 29, 1989.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Alfred K.B. Tsang, Deputy Atty. Gen., Indianapolis, for appellant.

William W. Hurst, Mitchell, Hurst, Jacobs & Dick, Indianapolis, Craig E. Pinkus, Dutton & Overman, Indianapolis, for appellees.

ON PETITION TO TRANSFER

SHEPARD, Chief Justice.

This cause of action, seeking recovery from the Indiana Patient's Compensation Fund, is before this Court for the third time. To assure that this appeal is the last appeal, we grant transfer and order a final disposition.

Nearly nine years ago, 17-month-old Richard Eugene Mayberry, II, died from injuries suffered in an automobile crash. Richard's parents...

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