Legal Opinion

SCI Propane, LLC v. Frederick

Indiana Supreme Court

Decided August 27, 2015No. 55S04-1508-PL-501PublishedCited by 20 opinions

1Opinion of the Court

On Petition to Transfer from the Indiana Court of Appeals, No. 55A04-1211-PL-586 ■

MASSA, Justice.

We are asked to resolve a matter of first impression with respect to Indiana’s fifty-year-old General Wrongful Death Statute; specifically, whether attorneys’ fees are recoverable as a form of damages when the decedent is survived by a spouse and/or dependents. Finding that they are not, we reverse the attorneys’ fee award.

Facts and Procedural History

The relevant facts are undisputed. SCI' Propane LLC, South Central. Indiana Rural Electric Membership Corporation and RushShelby Energy Rural…

2Cases cited10 opinions

  1. Reed v. ReidIndiana Supreme Court · 2012
  2. Durham Ex Rel. Estate of Wade v. U-Haul InternationalIndiana Supreme Court · 2001
  3. Brandy L. Walczak, Individually and on Behalf of Those Similarly Situated v. Labor Works - Fort Wayne LLC, d/b/a Labor WorksIndiana Supreme Court · 2013
  4. City of Gary v. Indiana Bell Telephone Co.Indiana Supreme Court · 2000
  5. Loparex, LLC v. MPI Release Technologies, LLCIndiana Supreme Court · 2012

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3Cited by20 opinions

  1. Erie Indemnity Company, as Attorney-in-Fact for the Subscribers at Erie Insurance Exchange v. Estate of Brian L. Harris, by Its Special Representative, Laura Harris, and Anna Marie HarrisIndiana Supreme Court · 2018
  2. In Re: Indiana State Fair Litigation, Mid-America Sound Corporation v. Indiana State Fair Commission, Jill PoletIndiana Supreme Court · 2016
  3. City of Lawrence Utilites Service Board, City of Lawrence, Indiana, and Mayor Dean Jessup, Individually and in his Official Capacity v. Carlton E. CurryIndiana Supreme Court · 2017
  4. Berkshire Hathaway Homestate Insurance Company v. Christina Basham d/b/a Basham Family, L.P. Voldico, LLC, Andrew Vollmer, Standard Agencies, Inc., and Carol J. JenkinsonIndiana Court of Appeals · 2018
  5. In the Matter of the Supervised Estate of Gary D. Kent v. Cynthia KerrIndiana Court of Appeals · 2017

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