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ATTERHOLT v. HERBST

No. 49A04-0702-CV-106.

879 N.E.2d 1221 (2008)

Jim ATTERHOLT, Commissioner of the Indiana Department of Insurance, as Administrator of the Indiana Patient's Compensation Fund, Appellant-Defendant, v. Geneva HERBST, Personal Representative of the Estate of Jeffrey A. Herbst, deceased, Appellee-Plaintiff.

Court of Appeals of Indiana.

February 4, 2008.

Attorney(s) appearing for the Case

Elizabeth H. Knotts, Rori L. Goldman, Hill Fulwider McDowell Funk & Matthews, Indianapolis, IN, Attorneys for Appellant.

Robert L. Thompson, Thompson & Rogers, Fort Wayne, Richard L. Schultheis, Indianapolis, IN, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

Geneva Herbst, the personal representative of the Estate of Jeffrey A. Herbst ("the Estate") brought an action seeking excess damages from the Indiana Patient's Compensation Fund ("the Fund"). The Marion Superior Court granted partial summary judgment and final judgment in favor of the Estate. The Fund appeals and presents two issues for review, which we restate as: whether the trial court erred in granting partial summary judgment...

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