Thomas v. Eads

NEAL, Judge.

On October 2, 1978, an automobile driven by defendant-appellant Brian D. Thomas collided with an automobile in which Debra Jane Titus and her infant son, Nathan Charles Titus, were passengers. Debra had no husband and Nathan was her only dependent. The collision caused the immediate death of Debra and the death of Nathan one-half hour later. Plaintiff-appellee Jane Eads, as administratrix of the estates of Debra and Nathan, brought suit to recover damages under the Wrongful Death Statute, Ind.Code 84-1-1-2.

Thomas filed a motion for partial summary judgment seeking to limit…