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Ledbetter v. Ball Memorial Hospital2/29/2000
FOR PUBLICATION
OPINION- FOR PUBLICATION
Appellants-petitioners Marsha Ledbetter and Dorman Ledbetter, (the Ledbetters), individually and as parents of Trenda Sue Ledbetter, deceased, appeal the trial court's grant of summary judgment in favor of appellees-respondents Ball Memorial Hospital, Ronald W. Louks, M.D., Purdue Avenue Internists, P.C., Christina C. Drummond, M.D., and John Wulff, M.D. (collectively, "Healthcare Providers"). Specifically, the Ledbetters advance several arguments which we restate as three: (1) whether the trial court erred in finding there was no genuine issue of material fact concerning the definition of "is enrolled," and thus of "child," in the Indiana Child Wrongful Death Act; (2) whether the trial court erred in striking portions of designated evidence regarding their daughter's intent to pursue a degree; and (3) whether the Indiana Child Wrongful Death Act is unconstitutional as applied to bar recovery for the death of their daughter.
FACTS
Trenda Sue Ledbetter was born on November 23, 1974 and was twenty years old when she died on July 1, 1995. At the time of her death she was unmarried and had no dependents. Trenda lived with her parents at least in part because she suffered from seizures. Trenda graduated from high school on June 3, 1993 and enrolled in Ivy Tech for the fall semester of 1993. After completing the fall semester, Trenda dropped out and did not return to Ivy Tech. She enrolled again at Ivy Tech for the spring semester of 1994 but withdrew and instead attended adult basic education classes administered by the New Castle Community School Corporation. Trenda attended these adult basic education classes from January 26, 1994 through May 9, 1994. Except for the brief period of enrollment at Ivy Tech in 1993, Trenda was not enrolled in any other institution of higher education or in a vocational school or program from the date of her high school graduation up to the time of her death.
On June 16, 1997, following Trenda's death, the Ledbetters filed a Proposed Complaint with the Indiana Department of Insurance against the above-named health care providers alleging medical malpractice resulting in the death of their daughter. The Ledbetters then filed an Amended Proposed Complaint for Damages on June 17, 1997.
On February 12, 1999, Ball Memorial Hospital, Dr. Louks, and Purdue Avenue Internists, P.C. filed a motion for summary judgment, contending that Trenda was not a child as defined by Indiana's Wrongful Death of a Child Act because she was twenty years old and not enrolled in an institution of higher learning. On February 16 and 17, 1999 respectively, Dr. Drummond and Dr. Wulff requested permission to join in the summary judgment motion, and the trial court granted permission. On March 29, 1999, the Ledbetters filed their response to the health care providers' summary judgment motion. The Ledbetters designated the following as evidence in opposition of summary judgment: an affidavit of Cathie Smith, instructor for Adult Basic Education, affidavits of Marsha Ledbetter and of Theresa Ledbetter, Trenda's sister, and the Ledbetters' answer to a Ball Memorial Hospital interrogatory. The Ledbetters contended that Trenda was a "child" for the purposes of I.C. ยง 34-23-2- 1 because when she died she was unmarried and without dependents, and because she had been impeded from pursuing her degree at Ivy Tech because of physical and mental handicaps but had continuously expressed an intent to return to Ivy Tech.
Following the Ledbetters' response to its motion for summary judgment, Ball Memorial Hospital moved to strike the Ledbetters' response and certain paragraphs of affidavits of Cathie S
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