Bill Would Allow Recovery Of Attorney Fees In All Wrongful Death Actionsby Marilyn Odendahl of Indiana Lawyer, December 28, 2015A northern Indiana senator has introduced legislation to amend Indiana’s wrongful death statute to allow for surviving families to collect attorney fees.Sen. Lonnie Randolph, D-East Chicago, has proposed in Senate Bill 124 that language be added to Indiana Code 34-23-1 that would enable a widow or widower, dependent children or dependent next of kin to receive reasonable attorney fees in wrongful death actions.The measure comes after the Indiana Supreme Court ruled in August that under current law attorney fees do not qualify as damages when the deceased is survived by family. In SCI Propane, LLC; South Central Indiana Rural Electric Membership Corp.; Rush Shelby Energy Rural Electric Cooperative, Inc. v. Courtney Frederick, as Personal Representative of the Estate of Stephan Frederick, Deceased, 55S04-1508-PL-501, the unanimous court found the state’s General Wrongful Death Statute allows for attorney fees only when the decedent has no survivors.Randolph’s bill specifies that in an adult wrongful death lawsuit, damages include “reasonable attorney’s fees” incurred by the estate or any other person for bringing and maintaining the action.The fiscal impact of the new language would depend on whether a state agency is found liable for an individual’s death, according to the Indiana Legislative Services Agency. The maximum payment for a wrongful death from the state government is $700,000 but the average cost of attorney fees in such actions is unknown.Senate Bill 124 has been assigned to the Senate Civil Law Committee which is chaired by Sen. Rodric Bray, R-Martinsville.FacebookTwitterCopy LinkEmail
“A Surrey correspondent takes us to task in the ’Mind of the Trade’ because we expressed the view, in this column last week, that bakers do themselves and their craft an injustice when they make play on the words ’home-made’.It is a fact that some bakers do pander to the public, especially to womenfolk, by deliberately producing crudely finished goods in their bakehouses and featuring them as ’home-made’.They are, in so doing, giving it forth that in their opinion the general ’home-made’ standard of cake-making is higher than the average standard of the trade.If they had seen, as we did, a piece of heavily fruited cake made recently from excellent ingredients by the kitchen staff of a lady’s country house, they would not have wanted to boast about ’home-made’ cakes !”
Columbus, IN—Sunday afternoon, Bartholomew County Sheriff’s deputies were dispatched to the 7000 block of West Paddock Lane in reference to the report of a possible drowning.Several children were swimming in a residential pool when one of the children was found unresponsive.A family member, who is a registered nurse, pulled the unconscious 5-year-old girl from the pool and began administering CPR. When deputies arrived, the child, who had a slight pulse, was transported to Columbus Regional Hospital where she was listed in stable condition at the time of this release.Bartholomew County Sheriff Matthew A. Myers reminds parents, and all adults, that it takes only a few seconds for a child’s excitement of swimming to turn into a tragedy.“I cannot stress how important it is for adults to keep a very close watch on children who are swimming.” “This means being within hand’s reach, not talking on a phone, not checking Facebook, not chatting with friends, etc.”, said Myers.Fortunately, in this case, adults were nearby, quick action was taken and it appears the child will recover.