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McCARTY v. SANDERS

No. 49A02-0304-CV-324.

805 N.E.2d 894 (2004)

Sally McCARTY, Commissioner of the Indiana Department of Insurance, as Administrator of the Indiana Patient's Compensation Fund, Appellant-Defendant, v. Vicki L. SANDERS and Daniel P. Sanders, Individually and as Natural Parents of Lucas Sanders, Deceased Infant; Michael T. Thomas, Administrator of the Estate of Kerry L. Thomas, Deceased, and Individually, and Jacob M. Thomas, Deceased, and Individually, and Jacob M. Thomas, by next friend, Michael T. Thomas; and Jeffrey Koehl and Carla S. Koehl, as Parents, Natural Guardians, and Legally Appointed Co-Guardians of the Estates of Mariah K. Koehl and Samantha K. Koehl, Minors, Appellees-Plaintiffs.

Court of Appeals of Indiana.

April 7, 2004.

Attorney(s) appearing for the Case

Robert G. Weddle, Matthew W. Conner, Indianapolis, IN, Attorneys for Appellant.

Timothy J. Kennedy, Indianapolis, IN, Jon M. Pinnick, Donald B. Kite, Sr., Carmel, IN, Mark A. McCann, Mark A. Scott, Kokomo, IN, Steven L. Langer, Jennifer E. Davis, Valparaiso, IN, Marshall S. Hanley, Indianapolis, IN, Attorneys for Appellees.

OPINION

RATLIFF, Senior Judge.

STATEMENT OF THE CASE

Appellant-Defendant Sally McCarty, Commissioner of the Indiana Department of Insurance (the "Commissioner"), as administrator of the Indiana Patient's Compensation Fund (the "Fund") appeals the trial court's denial of the Fund's motion for partial summary judgment in actions involving Appellees-Plaintiffs Vicki L. Sanders and Daniel P. Sanders (the "Sanders"), individually and as natural...

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