(DOWNLOAD) "City Evansville v. International" by Supreme Court Of Indiana # Book PDF Kindle ePub Free
eBook details
- Title: City Evansville v. International
- Author : Supreme Court Of Indiana
- Release Date : January 16, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
We are again faced with an appeal by the Commissioner of Insurance of the State of Indiana (the Commissioner), in which he challenges a trial court ruling that allowed medical malpractice claimants access to excess damages from the Patients Compensation Fund (the Fund). Similar to our decision today in Eakin v. Reed, 567 N.E.2d 148 (1991), we determine that the trial court erroneously allowed the claimants here, James and Vicki Kumiega (the Kumiegas), access to the Fund for excess damages. The dispositive issue in the present appeal is whether the Fund could properly pay damages to the Kumiegas for the emotional distress they experienced when they witnessed the death of their daughter, Kara.[Footnote 2] Because Indianas impact rule bars the recovery of such damages, we hold that the trial court erred in allowing the Kumiegas access to the Fund, and thus reverse its judgment.
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