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EAKIN v. KUMIEGA

No. 49A02-8910-CV-530.

567 N.E.2d 150 (1991)

Harry EAKIN, Commissioner, State of Indiana, Department of Insurance, and Patient's Compensation Fund of the State of Indiana, Defendants-Appellants, v. James KUMIEGA and Vicki Kumiega, Individually and Natural Guardians and Parents of Kara Susan Kumiega, Deceased, and Maryanne Kumiega, b/n/f James and Vicki Kumiega, Plaintiffs-Appellees, and Arthur Branco, M.D., and Rockwood Insurance Co., (Non-Appealing Defendants below).

Court of Appeals of Indiana, First District.

February 28, 1991.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Kirk A. Knoll, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for defendants-appellants.

Nathaniel Ruff, Lesniak & Ruff, East Chicago, Barry D. Rooth, Theodoros, Theodoros & Rooth, Merrillville, for plaintiffs-appellees.

BAKER, Judge.

We are again faced with an appeal by the Commissioner of Insurance of the State of Indiana (the Commissioner), in which he challenges a trial court ruling that allowed medical malpractice claimants access to excess damages from the Patient's Compensation Fund (the Fund). Similar to our decision today in Eakin v. Reed, (1991) Ind. App., 567 N.E.2d 148, we determine that the trial court erroneously allowed the...

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