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INDIANA DEPT. OF INS. v. EVERHART

No. 84A01-0912-CV-614.

939 N.E.2d 1106 (2010)

INDIANA DEPARTMENT OF INSURANCE, INDIANA PATIENTS COMPENSATION FUND, Appellant-Defendant, v. Robin EVERHART, Personal Representative of the Estate of James K. Everhart, Jr., Appellee-Plaintiff.

Court of Appeals of Indiana.

December 21, 2010.

Attorney(s) appearing for the Case

Elizabeth H. Knotts , Rori L. Goldman , Indianapolis, IN, Attorneys for Appellant.

James O. McDonald , Terre Haute , Indiana, John P. Young , Indianapolis, IN, Attorneys for Appellee.

Appellee's petition for rehearing is denied.

DISSENT TO ORDER DENYING PETITION FOR REHEARING

ROBB, Judge.

In Indiana Dep't of Ins. v. Everhart, 932 N.E.2d 684 (Ind.Ct.App.2010), we addressed the issue of whether the Indiana Patient's Compensation Fund (the "Fund") was liable for the full amount of excess damages when in the absence of a doctor's negligence, the decedent would have had a "better than 80% chance" of surviving injuries incurred in an automobile...

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