Legal Opinion
Durham Ex Rel. Estate of Wade v. U-Haul International
Indiana Supreme Court
Decided April 10, 2001No. 49S02-0005-CV-294PublishedCited by 91 opinions
1Opinion of the Court
ON PETITION FOR TRANSFER
BOEHM, Justice.
We adhere to precedent that punitive damages are not recoverable in an action brought under the wrongful death statute. We also hold that the wrongful death statute provides the only remedy against a person causing the death of a spouse and there is no independent claim against this person for loss of consortium. Finally, we hold that loss of consortium damages against a person causing the death of a spouse are not cut off by the death of that spouse. Rather, they are to be measured by the life expectancy of the deceased spouse or the surviving spouse,…
2Cases cited44 opinions
- Clark v. JeterSupreme Court of the United States · 1988
- Travelers Indemnity Co. v. ArmstrongIndiana Supreme Court · 1982
- Collins v. DayIndiana Supreme Court · 1994
- Rosi v. Business Furniture Corp.Indiana Supreme Court · 1993
- Helen L. Huff, Administratrix of the Estate of Jessee Huff, Deceased, Cross-Appellant v. White Motor Corporation, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1979
39 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Fraley v. MingerIndiana Supreme Court · 2005
- Betty Jordan v. Kelly BinnsCourt of Appeals for the Seventh Circuit · 2013
- Bolin v. WingertIndiana Supreme Court · 2002
- Reeder v. HarperIndiana Supreme Court · 2003
- Sanchez v. StateIndiana Supreme Court · 2001
86 more not listed; retrieve them via the Exa API.