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BEMENDERFER v. WILLIAMS

No. 49S02-0005-CV-296.

745 N.E.2d 212 (2001)

Kathleen Lynn BEMENDERFER, M.D., Appellant (Defendant Below), v. Lois Emogene WILLIAMS, Personal Representative of the Estate of Hoy Sturgeon, Deceased, and Lois Emogene Williams, Administratrix of the Estate of Dorothy L. Sturgeon, Deceased, Appellees (Plaintiffs Below ).

Supreme Court of Indiana.

April 10, 2001.

Attorney(s) appearing for the Case

Karl L. Mulvaney, Nana Quay-Smith, Daniel R. Fagan, Candace L. Sage, Indianapolis, IN, Attorneys for Appellant.

Scott R. Severns, Thomas R. Ruge, Brian A. Statz, Indianapolis, IN, Attorneys for Appellees.

ON PETITION TO TRANSFER

BOEHM, Justice.

We hold that the wrongful death statute does not operate to preclude the statutory beneficiary who dies before judgment from recovering wrongful death damages. And, as we also held today in Durham v. U-Haul International, 745 N.E.2d 755 (Ind.2001), under the wrongful death statute loss of consortium damages may be recovered...

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