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EAKIN v. MITCHELL-LEECH

No. 45A03-8807-CV-213.

557 N.E.2d 1057 (1990)

Harry E. EAKIN, As Commissioner of Insurance of the State of Indiana and Indiana Patient's Compensation Fund, Defendant-Appellant, v. Janet MITCHELL-LEECH, Plaintiff-Appellee, Kathryn R. Voyles, Plaintiff-Appellee, Jeremy Abbott, Fred Abbott and Debra Abbott, Individually and As Parents and Natural Guardians of Jeremy Abbott, Plaintiffs-Appellees, and A.K. Rhodes, M.D., and Dearborn County Hospital (Non-Appealing Defendants below).

Court of Appeals of Indiana, Third District.

Rehearing Denied September 20, 1990.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael D. Connor, Alfred K.B. Tsang, Deputy Attys. Gen., Karen B. Neiswinger, Counsel, Dept. of Ins., Indianapolis, for defendant-appellant.

Delmar P. Kuchaes, Chudom & Meyer, Schererville, for plaintiff-appellee Janet Mitchell-Leach.

Rebecca G. Looney, New Albany, Donald R. Forrest, New Albany, for plaintiff-appellee Kathryn R. Voyles.

W. Brent Gill, Roger L. Perdieck, Pardieck & Gill, P.C., Seymour, Patrick W. Harrison, Beck & Harrison, Columbus, for plaintiffs-appellees Fred Abbott and Debra Abbott.

HOFFMAN, Presiding Judge.

The Commissioner of Insurance of the State of Indiana (hereinafter "Commissioner") appeals three trial court judgments, one awarding damages from the Indiana Patient's Compensation Fund (hereinafter "fund"), the second denying a motion to dismiss, and the third entitling the claimants to seek payment from the fund. Since they involve the same legal issue, the appeals have been consolidated. The Commissioner presents the following issues on...

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