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PLANK v. COMMUNITY HOSPITALS OF INDIANA

No. 49A04-1004-CT-254.

956 N.E.2d 731 (2011)

Timothy W. PLANK, Individually and as Personal Representative of the Estate of Debra L. Plank, Deceased, Appellant-Plaintiff, v. COMMUNITY HOSPITALS OF INDIANA, INC., Appellee-Appellee, and State of Indiana, Intervenor-Appellee/Defendant.

Court of Appeals of Indiana.

October 25, 2011.

Attorney(s) appearing for the Case

John Muller , Montross, Miller, Muller, Mendelson & Kennedy, Indianapolis, IN, Robert S. Peck , Ned Miltenberg , Center for Constitutional Litigation, PC, Washington, DC, Attorneys for Appellant.

Robert G. Zeigler , Karen L. Withers , Zeigler Cohen & Koch, Indianapolis, IN, Attorneys for Appellee.

Gregory F. Zoeller , Attorney General of Indiana, Thomas M. Fisher , Solicitor General, Heather Hagan McVeigh , Deputy Attorney General, Ashley Tatman Harwel , Deputy Attorney General, Indianapolis, IN, Attorneys for Intervenor.

Libby Y. Goodknight , Krieg DeVault LLP, Angela M. Smith , Hall, Render, Killian, Heath & Lyman, P.C., Indianapolis, IN, Attorneys for Amici Curiae.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Timothy W. Plank, Individually and as Personal Representative of the Estate of Debra L. Plank ("Debra"), Deceased, (collectively "Plank") filed a complaint against Community Hospitals of Indiana, Inc. ("Community") alleging medical malpractice that resulted in the death of his wife, Debra. A jury found in favor of Plank and awarded him $8.5 million in damages. After Community moved the trial court to...

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