Opinions May 6, 2024
Indiana Court of Appeals
Mark Hyzy, individually and on behalf of Carolyn Hyzy,Deceased v. Anonymous Provider 1 v. Amy L. Beard, Commissioner of the Indiana Department of Insurance
23A-CT-2581
Civil tort. Affirms the Lake Superior Court’s dismissal of Mark Hyzy’s negligent infliction of emotional distress claim, brought individually and on behalf of Carolyn Hyzy, in a wrongful death action against Anonymous Provider 1. Finds that the trial court properly dismissed Hyzy’s negligent infliction of emotional distress claim which was brought under the Adult Wrongful Death Statute and pursuant to the procedures of the Medical Malpractice Act.