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  5. 898 N.E.2d 299 (2008)
 

NEWKIRK v. BETHLEHEM WOODS NURSING AND REHABILITATION CTR.

No. 90S05-0812-CV-768.

898 N.E.2d 299 (2008)

Therese NEWKIRK, Personal Representative of the Estate of Martha O'Neal, Deceased, Appellant (Plaintiff below), v. BETHLEHEM WOODS NURSING AND REHABILITATION CENTER, LLC, Appellee (Defendant below).

Supreme Court of Indiana.

December 24, 2008.

Attorney(s) appearing for the Case

Alan VerPlanck, Daniel G. McNamara, Fort Wayne, IN, Attorneys for Appellant.

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

On Petition to Transfer from the Indiana Court of Appeals, No. 90A05-0705-CV-271.

SULLIVAN, Justice.

This is one of two cases we decide today involving the interaction of the statute of limitations provision of the Indiana Wrongful Death Act ("WDA") and the statute of limitations provision for an underlying substantive tort claim. In this case, the limitations period for the underlying tort claim had expired before the lawsuit was filed,

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