Cha v. Warnick

PIVARNIK, Justice.

This cause comes directly to this Court pursuant to Ind.R.App.P. 4(A)(8) since the trial court found a state statute unconstitutional. Plaintiffs-Appellees Judith and Charles Warnick initiated this action against Defendants-Appellants Jin Cha, Indiana Department of Insurance and Indiana Commissioner of Insurance Donald H. Miller, on January 20, 1983, by filing a complaint for declaratory judgment in the Lake Circuit Court. Their complaint alleged that the Indiana Medical Malpractice Act, Ind.Code §§ 16-9.5-1-1 — 16-9.5-10-5 (Burns 1983), was unconstitutional because “it…