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McCABE v. COMMISSIONER, DEPT. OF INS.

No. 49S02-1010-CV-602.

949 N.E.2d 816 (2011)

Jeffery H. McCABE, Appellant (Plaintiff below), v. COMMISSIONER, INDIANA DEPARTMENT OF INSURANCE As Administrator of the Indiana Patient's Compensation Fund, Appellee (Defendant below).

Supreme Court of Indiana.

June 29, 2011.

Attorney(s) appearing for the Case

Gloria J. Danielson , Ladendorf & Ladendorf, Indianapolis, IN, Attorney for Appellant.

Susan E. Cline , Lewis Wagner, LLP, Indianapolis, IN, Attorney for Appellee.

DICKSON, Justice.

In this interlocutory appeal, the plaintiff in a medical negligence wrongful death action challenges the trial court's grant of partial summary judgment finding that the Adult Wrongful Death Statute ("AWDS"), Ind.Code § 34-23-1-2, does not allow recovery of attorney fees. The Court of Appeals affirmed the partial summary judgment. McCabe v. Comm'r, Ind. Dep't of Ins., 930 N.E.2d 1202 (Ind.Ct.App.2010...

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