Legal Opinion
Infectious Disease of Indianapolis, PSC v. Toney
Indiana Court of Appeals
Decided August 27, 2004No. 49A05-0402-CV-80PublishedCited by 3 opinions
1Opinion of the Court
OPINION
VAIDIK, Judge.
Case Summary
Infections - Disease of - Indianapolis, P.S.C. and Douglas H. Webb, M.D. (collectively, "Dr. Webb") bring this discretionary interlocutory appeal challenging the denial of Dr. Webb's fourth motion for summary judgment in a medical malpractice suit filed by Ruth Toney. Dr. Webb claims that because Toney has received her full measure of damages from another health care provider and from the Indiana Patient's - Compensation - Fund - ("the Fund"), she is collaterally estopped from collecting additional damages from him. We agree. However, we affirm the trial…
2Cases cited11 opinions
- Tofany v. NBS Imaging Systems, Inc.Indiana Supreme Court · 1993
- Miller Ex Rel. Miller v. Memorial Hospital of South Bend, Inc.Indiana Supreme Court · 1997
- Small v. Centocor, Inc.Indiana Court of Appeals · 2000
- George J. Daly, Jr. v. United StatesCourt of Appeals for the Ninth Circuit · 1991
- Budden v. Board of School CommissionersIndiana Supreme Court · 1998
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3Cited by3 opinions
- Mayes v. City of Hammond, InDistrict Court, N.D. Indiana · 2006
- Falk Engineering & Surveying, Inc. v. Luedtke (In Re Luedtke)United States Bankruptcy Court, N.D. Indiana · 2010
- Infectious Disease of Indianapolis, P.S.C. v. ToneyIndiana Court of Appeals · 2005