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FORTE v. CONNERWOOD HEALTHCARE, INC.

No. 48S02-9904-CV-270.

745 N.E.2d 796 (2001)

Jennipher FORTE, individually and on behalf of the Estate of Jeffrey Barcus, Appellants-Plaintiffs, v. CONNERWOOD HEALTHCARE, INC., d/b/a Anderson Healthcare Center, Linda Stropes, M.D., Respiratory Therapy Co., Transitional Hospitals Corp. of Indianapolis, Tammy Sigler, R.R.T., Sheila Babcock, Paula King, Angela Jessup, Ellen Thompson Seigler, Jane Stanger, Julie Allman, Chris Leeth Beaty, Ruth Levell, Cynthia Coleman, Frances Strege, Lenora Hampton, Shirley Nance Spradlin, Sheryl McDonald, Anna Hoskins, Cathy Swafford, Paulette Czerwin, Connie McKinney, Patricia Smith (Lewis), Jerri Overman, Patty Leonard, Diane West, Sue Slack, Debbie Metzger, Cathy Haynes, and Unknown Nurses, Appellees-Defendants.

Supreme Court of Indiana.

April 18, 2001.

Attorney(s) appearing for the Case

Scott A. Benkie, Douglas A. Crawford, Benkie & Crawford, Indianapolis, Indiana, Attorneys for Appellants.

Patricia Polis McCrory, Thomas G. Safley, Paul C. Sweeney, Harrison & Moberly, Indianapolis, Indiana, Attorneys for Appellants.

ON PETITION TO TRANSFER

RUCKER, Justice

In this opinion we conclude that punitive damages are not recoverable under the Child Wrongful Death Statute. We also conclude that a parent's common law claim for loss of a child's services survives enactment of the Child Wrongful Death Statute. However, under the common law, punitive damages are not a part of the claim and therefore are not recoverable.

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