J.L. v. MORTELL

No. 49A05-9305-CV-189.

633 N.E.2d 300 (1994)

J.L. and R.L., Appellants-Plaintiffs, v. John F. MORTELL, in His Capacity As Commissioner of Insurance, Appellee-Defendant.

Court of Appeals of Indiana, Fifth District.

April 27, 1994.


Attorney(s) appearing for the Case

Alfred H. Plummer, III, Wabash, for appellants.

Adam O. Crowe, Indianapolis, for appellee.


BARTEAU, Judge.

This is an appeal from the dismissal of a petition for excess damages from the Patient's Compensation Fund. We reverse and remand.

FACTS

In 1986, upon her doctor's referral, J.L. began receiving physical therapy for muscle spasms in her abductor muscle.1 The physical therapist eventually added a vaginal massage to the treatment program. In 1990, J.L. began seeing another therapist who informed J...

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