Legal Opinion

Crabtree Ex Rel. Kemp v. Estate of Crabtree

Indiana Supreme Court

Decided November 9, 2005No. 55S01-0409-CV-431PublishedCited by 33 opinions

1Opinion of the Court

BOEHM, Justice.

The plaintiffs in this case were injured in an accident as passengers in a car driven by their father while he was intoxicated. After their father died of unrelated causes, the children brought this suit against his estate. We hold that Indiana law does not permit recovery of punitive damages from a decedent's estate. We also hold that under the terms of this policy, the final judgment should exclude damages included in the verdict that were already satisfied by payments under the defendant's medical expenses coverage.

Facts and Procedural History

Alicia and Jacelyn Crabtree were…

2Cases cited48 opinions

  1. Erie Insurance v. Hickman Ex Rel. SmithIndiana Supreme Court · 1993
  2. Hofer v. LavenderTexas Supreme Court · 1984
  3. Sullivan v. American Cas. Co. of Reading, Pa.Indiana Supreme Court · 1992
  4. Jonathan Woodner Co. v. BreedenDistrict of Columbia Court of Appeals · 1995
  5. Durham Ex Rel. Estate of Wade v. U-Haul InternationalIndiana Supreme Court · 2001

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3Cited by33 opinions

  1. Brian Yost v. Wabash College, Phi Kappa Psi Fraternity- Indiana Gamma Chapter at Wabash College, Phi Kappa Psi Fraternity, Inc., and Nathan CravensIndiana Supreme Court · 2014
  2. Kraft Power Corp. v. MerrillMassachusetts Supreme Judicial Court · 2013
  3. In the Matter of the Estate of Johnny VAJGRT, Deceased, Bill Ernst, Inc., Intervenor-AppellantSupreme Court of Iowa · 2011
  4. The Estate of Richard A. Mayer, and Spangler, Jennings & Dougherty v. Lax, Inc., and David LascoIndiana Court of Appeals · 2013
  5. Danny Sims v. Andrew Pappas and Melissa PappasIndiana Supreme Court · 2017

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