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INDIANA DEPT. OF INS. v. EVERHART

No. 84S01-1105-CV-282.

960 N.E.2d 129 (2012)

INDIANA DEPARTMENT OF INSURANCE, Indiana Patient's Compensation Fund, Appellant (Defendant below), v. Robin EVERHART, Personal Representative of the Estate of James K. Everhart, Jr., Appellee (Plaintiff below).

Supreme Court of Indiana.

January 20, 2012.

Attorney(s) appearing for the Case

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

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

Steven L. Langer , Valparaiso, IN, Tara M. Worthley , Indianapolis, IN, Attorneys for Amicus Curiae Indiana Trial Lawyers Association.

SHEPARD, Chief Justice.

Robin Everhart filed suit against the Indiana Patient's Compensation Fund (PCF) to recover excess damages after settling a wrongful death claim against an emergency room physician in whose care her husband died. The PCF asked the trial court to reduce its award of damages to account for the twenty percent chance that Robin's husband would have died anyway, even in the absence of the physician's negligence. The trial court declined to do so...

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