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ED WIERSMA TRUCKING COMPANY v. PFAFF

No. 73S01-9506-CV-698.

678 N.E.2d 110 (1997)

ED WIERSMA TRUCKING COMPANY, John Carter, Defendant-Appellant, v. Joanna PFAFF, as Personal Representative of the Estate of Dallis Pfaff, Plaintiff-Appellee, and State of Indiana, Defendant-Appellee.

Supreme Court of Indiana.

March 26, 1997.

Attorney(s) appearing for the Case

Nana Quay-Smith, Karl L. Mulvaney, Patrick A. Elward, Bingham Summers Welsh & Spilman, Indianapolis, for Defendant-Appellant.

W.F. Conour, Conour Doehrman, Indianapolis, for Plaintiff-Appellee.

Indiana Defense, Lawyers Association, Norman T. Funk, Donald D. Levenhagen, Hill Fulwider McDowell Funk & Matthews, Indianapolis, Amicus Curiae.

DICKSON, Justice.

This interlocutory appeal from the denial of a motion for partial summary judgment presents a question of first impression: whether a dependent next-of-kin may recover damages for the loss of acts of love, care, and affection in a wrongful death action. Affirming the trial court, the Court of Appeals held that the wrongful death statute, Indiana Code § 34-1-1-2, allows the recovery of such damages. Wiersma Trucking Co. v. Pfaff,

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