Linda Martinez, as the Personal Representative of the Estate of Roy Martinez v. Oaklawn Psychiatric Center, Inc.
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FILED OPINION ON REHEARING Sep 12 2019, 10:03 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEYS FOR APPELLANT ATTORNEY FOR APPELLEE Daniel H. Pfeifer James P. Barth Jeffrey J. Stesiak South Bend, Indiana Robert J. Palmer Mishawaka, Indiana IN THE COURT OF APPEALS OF INDIANA Linda Martinez, as the Personal Representative of the Estate of Roy Martinez, September 12, 2019 Appellant-Plaintiff, Appeal from the St. Joseph Superior Court v. Oaklawn Psychiatric Center, Inc., Appellee-Defendant. Court of Appeals Case No. 18A-CT-2883 The Honorable Jenny Pitts Manier, Judge Trial Court Cause No. 71D05-1803-CT-140 Mathias, Judge. [1] Linda Martinez, as the Personal Representative of the Estate of Roy Martinez, has filed a petition for rehearing, which we grant for the limited purpose of clarifying our July 12, 2019 opinion. Court of Appeals of Indiana | Opinion on Rehearing 18A-CT-2883 | September 12, 2019 Page 1 of 2 [2] In her petition, Martinez claims that there is a genuine issue of material fact concerning whether Roy Martinez or Kennedy Kafatia began the physical altercation that resulted in Roy’s death. We agree that this fact is disputed, however, it is not material to our conclusion that the Estate’s claim falls within the scope of the Medical Malpractice Act. [3] Subject to this clarification, we affirm our opinion in all other respects. Robb, J., and Altice, J., concur.
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