McCabe v. Commissioner, Indiana Department of Insurance

DICKSON, Justice.

In this interlocutory appeal, the plaintiff in a medical negligence wrongful death action challenges the trial court’s grant of partial summary judgment finding that the Adult Wrongful Death Statute (“AWDS”), Ind.Code § 34-23-1-2, does not allow recovery of attorney fees. The Court of Appeals affirmed the partial summary judgment. McCabe v. Comm’r, Ind. Dep’t of Ins., 930 N.E.2d 1202 (Ind.Ct.App.2010). In contrast, other panels of the Court of Appeals have recently concluded to the contrary. Hematology-Oncology of Ind., P.C. v. Fruits, 932 N.E.2d 698 (Ind.Ct.App.2010), trans.…