ELMER BUCHTA TRUCKING, INC. v. STANLEY

No. 14S01-0002-CV-114.

744 N.E.2d 939 (2001)

ELMER BUCHTA TRUCKING, INC., Appellant (Defendant Below), v. Christina STANLEY and Larry Stanley as Co-Personal Representatives of the Estate of Michael G. Stanley, Appellees (Plaintiffs Below).

Supreme Court of Indiana.

March 26, 2001.


Attorney(s) appearing for the Case

Robert F. Wagner, Dina M. Cox, Indianapolis, IN, D. Timothy Born, Shawn M. Sullivan, Evansville, IN, Attorneys for Appellant.

John B. Drummy, Eric D. Johnson, Indianapolis, IN, James D. Johnson, Evansville, IN, Attorneys for Amicus Curiae Defense Trial Counsel of Indiana.

F. Wesley Bowers, Evansville, IN, Attorney for Amicus Curiae.

James R. Fisher, Debra H. Miller, Indianapolis, IN, Attorneys for Appellee.

William F. Conour, Indianapolis, IN, Attorney for Amicus Curiae Indiana Trial Lawyers Association.


ON PETITION TO TRANSFER

SHEPARD, Chief Justice.

Under Indiana's wrongful death statute, a decedent's estate may recover damages for the lost earnings of the deceased, among other things. This has long been understood not to include that portion of decedent's earnings that the decedent himself would have consumed for his own personal expenses and maintenance. The question here is whether the legislature changed...

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