STATE FARM v. D.L.B. EX REL. BRAKE

No. 89S05-0802-CV-102.

881 N.E.2d 665 (2008)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant (Defendant below), v. D.L.B., a Minor Child by his Parent and Natural Guardian, Deana H. BRAKE, Appellee (Plaintiff below).

Supreme Court of Indiana.

February 28, 2008.


Attorney(s) appearing for the Case

Mark D. Gerth, Indianapolis, IN, Attorney for Appellant.

David W. Craig, Scott A. Faultless, Indianapolis, IN, Attorneys for Appellee.


SULLIVAN, Justice.

In July 2000, while riding bicycles with his four-year-old cousin, D.L.B., six-year-old Seth Baker was struck and killed by a vehicle driven by Herbert Wallace. D.L.B. was not himself physically injured but suffered from Post-Traumatic Stress Disorder as a result of witnessing his cousin's fatal injuries.

Wallace was insured by State Farm Mutual Automobile Insurance Company. The State Farm policy included bodily injury coverage in the amount...

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