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Published by the Indiana Office of Court Services

Indiana Patient's Compensation Fund v. Brown, No. 49A02-1001-CT-80, __ N.E.2d __ (Ind. Ct. App., Sept. 17, 2010)

September 28, 2010 Filed Under: Civil Tagged With: Appeals, T. Crone

CRONE, J.
It appears that we have never addressed whether a nondependent can recover for loss of services under the AWDS [Adult Wrongful Death Statute]. The AWDS explicitly authorizes an award for “[l]oss of the adult person‟s love and companionship,” but is silent regarding loss of services. Ind. Code § 34-23-1-2. . . . .
. . . As a practical matter, it may be difficult for a nondependent parent to prove that loss of an adult child’s services resulted in pecuniary loss. In this case, the Fund has not contested that Frieden’s parents suffered a pecuniary loss from the loss of her services, but instead has argued that such damages are categorically unavailable under the AWDS. We cannot agree. Loss of services, when proved, would constitute a pecuniary loss of the type contemplated by the AWDS. Therefore, we affirm the judgment of the trial court.
FRIEDLANDER, J., and BARNES, J., concur.

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