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

In a well-reasoned and persuasive opinion the Court of Appeals concluded that the general wrongful death statute could reasonably be interpreted as allowing punitive damages. I agree and therefore *767respectfully dissent from the majority's opinion in this case. P

One of the more difficult challenges of a reviewing court is discerning legislative intent when examining a statute. We have said that when examining a statute it is not our prerogative to engraft upon it a meaning the court determines to be wise or desirable. Walton v. State, 272 Ind. 398, 402, 398 N.E.2d 667, 670 (1980). Rather, we…