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ESTATE OF O'NEAL v. BETHLEHEM WOODS NURS.

No. 90A05-0705-CV-271.

887 N.E.2d 1019 (2008)

The ESTATE OF Martha O'NEAL, By Personal Representative, Therese NEWKIRK, Appellant-Plaintiff, v. BETHLEHEM WOODS NURSING AND REHABILITATION CENTER, LLC, Appellee-Defendant.

Court of Appeals of Indiana.

June 10, 2008.

Attorney(s) appearing for the Case

Alan Verplanck, Daniel G. McNamara, Eilbacher Fletcher, LLP, Fort Wayne, IN, Attorneys for Appellant.

Milford M. Miller, Edward L. Murphy, Jr., Michael A. Barranda, Miller Murphy, LLP, Fort Wayne, IN, Attorneys for Appellee.

OPINION ON REHEARING

ROBB, Judge.

In Estate of O'Neal v. Bethlehem Woods Nursing and Rehabilitation Ctr., LLC, 878 N.E.2d 303, 314 (Ind.Ct.App.2007), we held that the Indiana Wrongful Death Act's (the "WDA") two-year, date-of-death statute of limitation controlled over the professional services two-year, occurrence-based statute of limitation. Applying this holding, we concluded the Estate's wrongful death claim...

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