Indiana Department of Insurance, Indiana Patients Compensation Fund v. Everhart

DISSENT TO ORDER DENYING PETITION FOR REHEARING

ROBB, Judge.

In Indiana Dep't of Ins. v. Everhart, 932 N.E.2d 684 (Ind.Ct.App.2010), we addressed the issue of whether the Indiana Patient's Compensation Fund (the "Fund") was liable for the full amount of excess damages when in the absence of a doctor's negligence, the decedent would have had a "better than 80% chance" of surviving injuries incurred in an automobile accident. The trial court awarded to the Estate of James Everhart the statutory maximum damages of $1,000,000 and the Fund appealed. We reversed, holding the trial court should have…