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INFECTIOUS DISEASE OF INDIANAPOLIS v. TONEY

No. 49A05-0402-CV-80.

828 N.E.2d 386 (2005)

INFECTIOUS DISEASE OF INDIANAPOLIS, P.S.C., and Douglas H. Webb, M.D., Appellants-Defendants, v. Ruth TONEY, Appellee-Plaintiff.

Court of Appeals of Indiana.

May 13, 2005.

Attorney(s) appearing for the Case

Nana Quay-Smith, Daniel R. Fagan, Kelly R. Eskew, Bingham McHale LLP, Indianapolis, IN, Attorneys for Appellants.

Mary J. Hoeller, Indianapolis, IN, Attorney for Appellee.

Kevin Charles Murray, Julia Blackwell Gelinas, Lucy R. Dollens, Locke Reynolds LLP, John P. Gulyas, Indiana Department of Insurance, Indianapolis, IN, Attorneys for Amicus Curiae.

OPINION ON REHEARING

VAIDIK, Judge.

Both parties have petitioned this Court for rehearing on Infectious Disease of Indianapolis, P.S.C. v. Toney, 813 N.E.2d 1223 (Ind.Ct.App.2004), albeit for different reasons. We now grant rehearing for the purpose of amending our earlier opinion.

In Infectious Disease, we found that Toney had a full and fair opportunity to litigate her total damages and therefore...

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