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WEINBERGER v. ESTATE OF BARNES

No. 45A04-1107-CT-369.

2 N.E.3d 43 (2013)

Mark S. WEINBERGER, M.D., Appellant, v. ESTATE OF Phyllis R. BARNES, Deceased, By Peggy Hood, as Personal Representative, Joe Clinkenbeard, P.A., Appellees, Stephen W. Robertson, Commissioner of the Indiana Department of Insurance, and The State of Indiana, Appellees-Intervenors.

Court of Appeals of Indiana.

December 18, 2013.

Attorney(s) appearing for the Case

James L. Hough, Spangler, Jennings & Dougherty, P.C., Merrillville, IN, attorney for appellant.

Gregory F. Zoeller, Attorney General of Indiana, David L. Steiner,   Kathy Bradley, Deputy Attorney General, Indianapolis, IN, attorneys for interveners.

OPINION

FRIEDLANDER, Judge.

In Indiana, Ind.Code Ann. § 34-51-3-6 (West, Westlaw current with all 2013 legislation) allocates the lion's share of punitive damage payments to the State. In this case, we must decide whether the statute empowers the State to intervene in otherwise private litigation, ostensibly to protect its interest in a punitive damage award. Concluding that I.C. § 34-51-3-6 confers no such authority, and acknowledging that the...

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