WISNIEWSKI v. BENNETT

No. 45A05-9610-CV-417.

693 N.E.2d 1341 (1998)

Michael J. WISNIEWSKI, Appellant-Plaintiff, v. Donna BENNETT, Commissioner of Insurance, Appellee-Defendant.

Court of Appeals of Indiana.

Transfer Denied June 11, 1998.


Attorney(s) appearing for the Case

Marshall P. Whalley, Whalley and Kuchaes, Merrillville, for Appellant-Plaintiff.

Mary J. Hoeller, Lewis & Wagner, Indianapolis, for Appellee-Defendant.


OPINION

RUCKER, Judge.

This is a summary judgment action involving the ability of a claimant to gain access to the Patient's Compensation Fund (Fund) established by the Indiana Medical Malpractice Act. On motion by the Insurance Commissioner of the State of Indiana (Commissioner), the trial court denied such access to claimant Michael J. Wisniewski. Wisniewski now appeals contending the trial court erred in so doing. We reverse and remand.

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