Durham Ex Rel. Estate of Wade v. U-Haul International

I concur wholeheartedly with the majority’s reasoning and result, but write separately to emphasize that a predominant number of states have already recognized what the majority today recognizes: that a “law which allows the fortuitous circumstance of death to insulate a defendant from liability for punitive damages” and which sends a clear message that it is cheaper to kill than to injure is intolerable. See Forte v. Connerwood Healthcare, Inc., 702 N.E.2d 1108, 1117, n. 7 (Ind.Ct.App. 1998), trans. granted, 714 N.E.2d 172 (1999); see also Prosser and Keeton, Torts § 127, at 945 (5th ed.).…