COA: Attorney Fees And Litigation Costs Allowed In Child’s Wrongful Death

Marilyn Odendahl for www.theindianalawyer.com

In a case of first impression, the Indiana Court of Appeals upheld the award of attorney fees in a child’s wrongful death case.

John and Megan Crays filed a wrongful death suit after their 13-year-old son was electrocuted and died while swimming. The couple who owned the pool reached a settlement with the Crays but the manufactured housing community where the tragedy occurred, Angel Shores Mobile Home Park in Tippecanoe County, proceeded to a jury trial.

In March 2014, the jury found for the plaintiffs with total damages at $3 million and 5 percent fault allocated to Angel Shores, resulting in the verdict amount of $150,000. Afterwards, the Crays filed a motion and the trial court awarded attorney fees for the sum of $60,000 and litigation costs at $72,864.85. This brought to total judgment to $282,864.85.

Angel Shores appealed, arguing the Indiana Child Wrongful Death Statute, Indiana Code 34-23-2-1, does not include a provision for the attorney fees and litigation expenses.

The Court of Appeals disagreed and upheld the award in Angel Shores Mobile Home Park, Inc. v. John Crays and Megan Crays, 79A02-1605-CT-1106, citing McCabe v. Commissioner, Indiana Dept. of Insurance, 949 N.E.2d 816 (Ind. 2011) and SCI Propane, LLC v. Frederick, 39 N.E.3d 675 (Ind. 2015), which examined the language in Adult Wrongful Death Statute and the General Wrongful Death Statute.

“As the plain language of the CWDS allows for other remedies as provided by law, and the second category of the GWDS provides for attorney’s fees, it is logical to construe the two in harmony, and conclude that a party filing an action under the CWDS, like a party filing an action under the AWDS, is entitled to attorney’s fees under the second category of the GWDS,” Judge Melissa May wrote for the court.

Middle school and elementary school students in the Ivy Tech Community College Public Safety Academy will receive a new bicycle, helmet, and bicycle lock this week at Ivy Tech Community College Evansville. The bicycles are awarded to students who demonstrate good attendance, good behavior, and a good attitude while participating in the Public Safety Academy, and other summer activities in the community. The Academy is a partnership with the Evansville Vanderburgh School Corporation’s (EVSC) 21st Century Community Learning Centers, the City of Evansville Department of Parks & Recreation, the YMCA of Southwestern Indiana, and the Boys & Girls Club of Evansville.

Ivy Tech Community College Public Safety Academy – Annual Bicycle Giveaway Event

Ivy Tech Community College

3501 N. First Avenue

Wednesday, June 21 at 2:00 p.m.

Thursday, June 22 at 2:00 p.m.

200 bicycles will be awarded to students this year, the majority of them at Ivy Tech Community College June 21 and 22 at 2:00 p.m.  In addition, 2 adaptive bicycles, specifically designed for children who are physically unable to ride a standard bicycle, will be given away. “Ivy Tech has individuals who have been committed to this project for many years,” said Johnathan Weinzapfel, chancellor of Ivy Tech Evansville. “We are excited to be able to be a part of this project giving students these positive reinforcements so they can have fun this summer on their new bikes.”

Bicycles will be presented to the students by donors, representatives from public safety agencies, EVSC, local dignitaries, and community leaders. Students will also be treated to an afternoon of fun, including activities, snacks, a tour of Ivy Tech, and a video on bicycle safety. The event is funded by generous donations from individuals and businesses across the tri-state.

The Evansville Bicycle Club and Gerling Law will be assisting with the event and will help adjust the bike seats and helmets to ensure a proper fit.

  A Boonville man was airlifted from the scene of a crash on Interstate 69 in Pike County Wednesday afternoon.

At 12:58 P.M. (Eastern) Wednesday, 26 year old Brandon Hicks of Boonville was northbound on I-69, just south of the 39 mile marker.  Hicks drifted off of the right shoulder into the gravel in his 2006 Buick minivan, and once back into the roadway, spun out across the lanes of travel and into the median.  The Buick then began rolling over, making one full revolution before coming to rest on its wheels.

Hicks was transported by LifeFlight to St. Vincent Hospital in Evansville, where he was treated for back pain.  The front seat passenger in the Buick was not injured.  Seatbelts were on at the time of the crash, which greatly reduced and prevented further injuries.

The northbound lanes of I-69 were restricted for two hours while Troopers investigated the crash.  State Police was assisted at the scene by the Pike County Sheriff’s Department and Pike County EMS.