MARTINEZ v. OAKLAWN PSYCHIATRIC CENTER INC (2019)

Court of Appeals of Indiana.

Linda MARTINEZ, as the Personal Representative of the Estate of Roy Martinez, Appellant-Plaintiff, v. OAKLAWN PSYCHIATRIC CENTER, INC., Appellee-Defendant.

Court of Appeals Case No. 18A-CT-2883

Decided: September 12, 2019

Attorneys for Appellant: Daniel H. Pfeifer, James P. Barth, Jeffrey J. Stesiak, South Bend, Indiana Attorney for Appellee: Robert J. Palmer, Mishawaka, Indiana

OPINION ON REHEARING

[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.

[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.

Mathias, Judge.

Robb, J., and Altice, J., concur.

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