Ed Wiersma Trucking Company v. Pfaff

DICKSON, Justice.

This interlocutory appeal from the denial of a motion for partial summary judgment presents a question of first impression: whether a dependent next-of-kin may recover damages for the loss of acts of love, care, and affection in a wrongful death action. Affirming the trial court, the Court of Appeals held that the wrongful death statute, Indiana Code § 34-1-1-2, allows the recovery of such damages. Wiersma Trucking Co. v. Pfaff, 643 N.E.2d 909 (Ind.Ct.App.1994).

The defendant-appellant seeks transfer, arguing that the Court of Appeals erroneously decided a new question of law…