The surviving spouse of the decedent is not entitled to attorneys’ fees and prejudgment interest as compensable damages under the General Wrongful Death Statute.
Civil
R.L. Turner Corp. v. Wressell, No. 06A05-1411-PL-540, __ N.E.3d __ (Ind. Ct. App, Sept. 15, 2015).
“In determining a reasonable amount of attorney’s fees, consideration should be given to the nature and difficulty of the litigation; the time, skill, and effort involved; the fee customarily charged for similar legal services; the amount involved; the time limitations imposed by the circumstances; and the result achieved in the litigation.” There is no definitive cap to attorney’s fee awards based on the potential or actual recovery.
Whittaker v. Whittaker, No. 02A03-1503-DR-7, __ N.E.3d __ (Ind. Ct. App, Sept. 21, 2015).
The merits of Husband’s petition for contempt for Wife’s failure to pay sums incorporated in the dissolution decree should have been addressed by the trial court; the obligation was not a fixed money judgment.
Clifton v. McCammack, No. 49S02-1504-CT-228, __ N.E.3d __ (Ind., Sept. 21, 2015).
Father of victim of an accident cannot recover for negligent infliction of emotional distress, because none of the three circumstantial factors were met; the claimant must demonstrate that the scene viewed was essentially as it was at the time of the incident, that the victim was in essentially the same condition as immediately following the incident, and that the claimant was not informed of the incident before coming upon the scene.
Boyer v. Smith, No. 15S01-1509-CT-526, __ N.E.3d __ (Ind., Sept. 10, 2015).
Indiana does not have personal jurisdiction over an attorney that never practiced law in Indiana and did not seek business from Indiana residents – she had no minimum contacts within or substantial connection to Indiana.