Legal Opinion
Forte v. Connerwood Healthcare, Inc.
Indiana Supreme Court
Decided April 18, 2001No. 48S02-9904-CV-270PublishedCited by 25 opinions
1Opinion of the Court
ON PETITION TO TRANSFER
RUCKER, Justice
In this opinion we conclude that punitive damages are not recoverable under the Child Wrongful Death Statute. We also conclude that a parent's common law claim for loss of a child's services survives enactment of the Child Wrongful Death Statute. However, under the common law, punitive damages are not a part of the claim and therefore are not recoverable.
Facts
On October 2, 1995, Jennipher Forte ("Mother") placed her five-year-old developmentally disabled son in the custody of Connerwood Health Care, Inc., a nursing home doing business as Anderson…
2Cases cited30 opinions
- Montgomery v. CrumIndiana Supreme Court · 1928
- Binford v. JohnstonIndiana Supreme Court · 1882
- Mayhew v. BurnsIndiana Supreme Court · 1885
- Thompson v. Town of Fort BranchIndiana Supreme Court · 1931
- Long v. MorrisonIndiana Supreme Court · 1860
25 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Woodruff v. Indiana Family & Social Services AdministrationIndiana Supreme Court · 2012
- Cheatham v. PohleIndiana Supreme Court · 2003
- Murray v. City of LawrenceburgIndiana Supreme Court · 2010
- State v. WillitsIndiana Supreme Court · 2002
- Dfs Secured Healthcare Receivables Trust v. Caregivers Great Lakes, Inc. And Marc LeestmaCourt of Appeals for the Seventh Circuit · 2004
20 more not listed; retrieve them via the Exa API.