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SMITH v. WASHINGTON

No. 49S04-0009-CV-512.

734 N.E.2d 548 (2000)

James H. SMITH, Appellant (Plaintiff Below), v. Wilbert WASHINGTON, M.D., Appellee (Defendant Below).

Supreme Court of Indiana.

September 1, 2000.

Attorney(s) appearing for the Case

Thomas C. Doehrman, Courtney E. McGovern, Indianapolis, Indiana, Attorneys for Appellant.

Todd J. Kaiser, Peter H. Pogue, Indianapolis, Indiana, Attorneys for Appellee.

ON PETITION TO TRANSFER

BOEHM, Justice.

This appeal presents the issue of the measure of damages for an act of negligence that increased the risk of an injury that was at least equally likely to occur in the absence of negligence. We grant transfer and hold, as we did in Cahoon v. Cummings, 734 N.E.2d 535 (Ind.2000), that damages under these circumstances are to be in proportion to the increased risk attributable...

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