KIMBERLIN v. DeLONG
613 N.E.2d 46 (1993)
Brett Coleman KIMBERLIN, Appellant-Defendant,
Sandra Sue DeLong, Personal Representative for Carl David DeLong, Deceased, and Sandra Sue DeLong, Appellees-Plaintiffs.
Court of Appeals of Indiana, Second District.
May 3, 1993.
Transfer Denied August 20, 1993.
Rehearing Denied September 24, 1993.
Arend J. Abel, Barnes & Thornburg, Indianapolis, for appellant-defendant.
Paula Thrun Kight, Indianapolis, for appellees-plaintiffs.
FRIEDLANDER, Judge.CASE SUMMARY
Appellant-defendant Brett Coleman Kimberlin (Kimberlin) appeals from a jury verdict which awarded the plaintiff Sandra Sue DeLong (Sandra) $360,000 for injuries she sustained in an explosion allegedly caused by Kimberlin, and for a wrongful death claim she brought as personal representative on behalf of her husband, Carl David DeLong (Carl) [hereinafter collectively referred to as the DeLongs], claiming among other things, that the trial court erred in granting the DeLongs motion for partial summary judgment on the issue of liability, and that it was error to deny Kimberlin's
motion to dismiss Sandra's wrongful death claim.
We affirm in part and reverse in part.FACTS
The facts most favorable to the judgment are that on September 6, 1978, Sandra and Carl were injured by an explosion which occurred at Speedway High School in Speedway, Indiana. The DeLongs were walking through the parking lot after leaving a football game. The explosive device was concealed in an abandoned gym bag. The bomb exploded as the DeLongs walked passed it. Carl and Sandra were seriously injured in the blast. Carl's right leg was nearly severed from the explosion. Physicians eventually amputated such leg above the knee; and a skin graft was performed and Carl was fitted with an artificial leg. Carl also was treated for a perforated eardrum. After Carl's wounds healed, he received physical therapy and learned how to walk with an artificial limb. While Carl's recovery proceeded remarkably well, pieces of shrapnel eventually worked their way to the surface of his skin. The shrapnel had to be surgically removed on a continuing basis. Carl also suffered from a pre-existing back injury which may have been aggravated by the use of the artificial limb.
Sometime in 1982, Carl became depressed. He had Vietnam "flashbacks," and resented wearing the artificial limb. On several occasions, Carl removed the limb, beat it on the ground, and told others that he hated it. He withdrew from his family, began drinking heavily, and marital difficulties developed with Sandra. On February 23, 1983, Carl committed suicide by carbon monoxide poisoning while sitting in his car. Carl left suicide notes to several members of his family.