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MILLER v. MAYBERRY

No. 2-683A188.

467 N.E.2d 1208 (1984)

Don H. MILLER, Indiana Insurance Commissioner, Appellant (Defendant below), v. Richard Eugene MAYBERRY and Doris Mayberry, Individually and As Personal Representatives of the Estate of Richard Eugene Mayberry, II, Appellees (Claimants and Petitioners below), v. Michael Wheeler, M.D., Inc., Gibralter Insurance Company, Winona Memorial Hospital, and Hartford Insurance Company, Defendants below.

Supreme Court of Indiana.

September 13, 1984.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Alfred K.B. Tsang, Deputy Atty. Gen., Indianapolis, for appellant.

Rebecca G. Looney, Scott & Looney, New Albany, for amicus curiae Ind. Trial Lawyers Ass'n.

Craig Pinkus, William W. Hurst, Mitchell Hurst Pinkus Jacobs & Dick, Indianapolis, for appellees.

Geoffrey Segar, Myra C. Selby, Ice, Miller, Donadio & Ryan, Indianapolis, for amicus curiae Ind. State Medical Ass'n.

Michael A. Bergin, Locke, Reynolds, Boyd & Weisell, Indianapolis, for amicus curiae Ins. Institute of Ind., Inc.

ON PETITION TO TRANSFER

HUNTER, Justice, dissenting to denial of transfer.

I must respectfully dissent to the denial of transfer in this case. This case demonstrates all the more why the pecuniary loss rule as the measure of damages in the wrongful death of a child is an anachronism. I believe that the measure of damages should be expanded to include the loss of love and affection, and would therefore grant transfer...

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