Supervised Administration of the Estate of Inlow v. Inlow

The majority would uphold the award to the estate of proceeds from the wrongful death settlement in an amount equal to the funeral and burial expenses, on the premise Ind.Code § 34-23-1-1 does not require “itemization” of wrongful death award proceeds. Because the statute undoubtedly requires such damages be categorized, if not “itemized,” I must respectfully dissent.

*739The majority, citing Ind.Code chapter 34-51-2, correctly notes the general rule that there is no requirement compensatory damage awards be itemized: “It would be illogical to impose an itemization requirement for wrongful death…