CRABTREE EX REL. KEMP v. ESTATE OF CRABTREE

No. 55S01-0409-CV-431.

837 N.E.2d 135 (2005)

Alicia CRABTREE And Jacelyn Crabtree, By Their Next Friend Kimberly KEMP, Appellants (Plaintiffs below), v. ESTATE OF Jackie L. CRABTREE, Jr., Appellee (Defendant below).

Supreme Court of Indiana.

November 9, 2005.


Attorney(s) appearing for the Case

Stephen A. Oliver, Martinsville, for Appellants.

Seth M. Lahn, Indianapolis, for Appellee.


BOEHM, Justice.

The plaintiffs in this case were injured in an accident as passengers in a car driven by their father while he was intoxicated. After their father died of unrelated causes, the children brought this suit against his estate. We hold that Indiana law does not permit recovery of punitive damages from a decedent's estate. We also hold that under the terms of this policy, the final judgment should exclude damages included in the verdict that were already...

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