Infectious Disease of Indianapolis, P.S.C. v. Toney

OPINION ON REHEARING

VAIDIK, Judge.

Both parties have petitioned this Court for rehearing on Infectious Disease of Indianapolis, P.S.C. v. Toney, 813 N.E.2d 1223 (Ind.Ct.App.2004), albeit for different reasons. We now grant rehearing for the purpose of amending our earlier opinion.

In Infectious Disease, we found that Toney had a full and fair opportunity to litigate her total damages and therefore held that Toney was collaterally estopped from seeking a second recovery for the same injuries from Dr. Webb. Today, we stand by that determination. However, we retract the following portion of our…