SCI Propane, LLC v. Frederick

Citation39 N.E.3d 675
Decision Date27 August 2015
Docket NumberNo. 55S04–1508–PL–501.,55S04–1508–PL–501.
PartiesSCI PROPANE, LLC; South Central Indiana Rural Electric Membership Corporation; RushShelby Energy Rural Electric Cooperative, Inc., Appellants (Defendants below), v. Courtney FREDERICK, as Personal Representative of the Estate of Stephan Frederick, Deceased, Appellee (Plaintiff below).
CourtSupreme Court of Indiana

39 N.E.3d 675

SCI PROPANE, LLC; South Central Indiana Rural Electric Membership Corporation; RushShelby Energy Rural Electric Cooperative, Inc., Appellants (Defendants below)
v.
Courtney FREDERICK, as Personal Representative of the Estate of Stephan Frederick, Deceased, Appellee (Plaintiff below).

No. 55S04–1508–PL–501.

Supreme Court of Indiana.

Aug. 27, 2015.


39 N.E.3d 676

Kent M. Frandsen, Michael L. Schultz, Lebanon, IN, Karl L. Mulvaney, Nana Quay–Smith, Indianapolis, IN, Attorneys for Appellants.

David K. Herzog, Jane Dall Wilson, Katrina Gossett, Indianapolis, IN, Stanley E. Karon, Richfield, MN, Attorneys for Appellee.

Donald B. Kite, Sr., Lucy R. Dollens, Indianapolis, IN, Attorneys for Amicus Curiae Defense Trial Counsel of Indiana.

David Ian Rubin, Stephen J. Peters, Indianapolis, IN, Attorneys for Amicus Curiae Property Casualty Insurers Association.

Matthew W. Conner, Wade D. Fulford, Bryan H. Babb, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Patient's Compensation Fund.

On Petition to Transfer from the Indiana Court of Appeals, No. 55A04–1211–PL–586

MASSA, Justice.

We are asked to resolve a matter of first impression with respect to Indiana's fifty-year-old General Wrongful Death Statute; specifically, whether attorneys' fees are recoverable as a form of damages when the decedent is survived by a spouse and/or dependents. Finding that they are not, we reverse the attorneys' fee award.

Facts and Procedural History

The relevant facts are undisputed. SCI Propane LLC, South Central Indiana Rural Electric Membership Corporation and RushShelby Energy Rural Electric Cooperative Inc. (collectively, “SCI”) provide metered propane services in and around Martinsville, Indiana. On May 13, 2004, a gas leak occurred at the home of William and Betty Kindle, one of SCI's customers,

39 N.E.3d 677

resulting in an explosion and fire. The explosion killed one of the Kindles' family members, Stephan Frederick, who was staying with them; Frederick's minor son and his wife, Courtney, were injured but survived.

Stephan's Estate filed a wrongful death suit against SCI and other defendants.1 (App. at 108.) The parties agreed to bifurcate the issues of liability and damages, and the case proceeded to separate trials. The liability jury apportioned 65% liability to defendants, for which SCI was ultimately responsible, and 35% to the Kindles. Before the damages trial, the Estate moved for partial summary judgment, arguing that it could seek attorneys' fees under the Indiana General Wrongful Death Statute, Indiana Code section 34–23–1–1 (2014) (“GWDS”); SCI cross-moved for the opposite summary judgment determination. The trial court granted the Estate's motion and denied SCI's. Both parties appealed, and in a published opinion, a unanimous panel of our Court of Appeals affirmed in relevant part, agreeing with the trial court that attorneys' fees are recoverable under the GWDS. SCI Propane, LLC v. Frederick, 15 N.E.3d 1015, 1027–29 (Ind.Ct.App.2014). We now grant SCI's petition to transfer, thus vacating the decision below.2 See Ind. Appellate Rule 58(A). We reverse the trial court.

Standard of Review

“When reviewing the grant or denial of a motion for summary judgment ‘we stand in the shoes of the trial court.’ ” Alva Elec., Inc. v. Evansville–Vanderburgh Sch. Corp., 7 N.E.3d 263, 267 (Ind.2014) (quoting City of Gary v. Ind. Bell Tel. Co., 732 N.E.2d 149, 153 (Ind.2000) ). Summary judgment is appropriate only “if the designated evidentiary matter shows that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Ind. Trial Rule 56(C). “The fact that the parties have filed cross-motions for summary judgment does not alter our standard for review, as we consider each motion separately to determine whether the moving party is entitled to judgment as a matter of law.” Reed v. Reid, 980 N.E.2d 277, 285 (Ind.2012). “Where, as here, the dispute is one of law rather than fact, our standard of review is de novo.” Alva Elec., 7 N.E.3d at 267.

Attorneys' Fees Are Not Recoverable as a Type of Damages Under Indiana's General Wrongful Death Statute if the Decedent Is Survived by a Spouse and/or Dependents.

As its text is of crucial import, the GWDS is reproduced in its entirety3 :

When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, if the former might have maintained an action had he or she, as the case may be, lived, against the latter for an injury for the same act or omission.
39 N.E.3d 678
When the death of one is caused by the wrongful act or omission of another, the action shall be commenced by the personal representative of the decedent within two (2) years, and the damages shall be in such an amount as may be determined by the court or jury, including, but not limited to, reasonable medical, hospital, funeral and burial expenses, and lost earnings of such deceased person resulting from said wrongful act or omission. That part of the damages which is recovered for reasonable medical, hospital, funeral and burial expense shall inure to the exclusive benefit of the decedent's estate for the payment thereof. The remainder of the damages, if any, shall, subject to the provisions of this article, inure to the exclusive benefit of the widow or widower, as the case may be, and to the dependent children, if any, or dependent next of kin, to be distributed in the same manner as the personal property of the deceased. If such decedent depart this life leaving no such widow or widower, or dependent children or dependent next of kin, surviving her or him, the damages inure to the exclusive benefit of the person or persons furnishing necessary and reasonable hospitalization or hospital services in connection with the last illness or injury of the decedent, performing necessary and reasonable medical or surgical services in connection with the last illness or injury of the decedent, to a funeral director or funeral home for the necessary and reasonable funeral and burial expenses, and to the personal representative, as such, for the necessary and reasonable costs and expenses of administering the estate and prosecuting or compromising the action, including a reasonable attorney's fee, and in case of a death under such circumstances, and when such decedent leaves no such widow, widower, or dependent children, or dependent next of kin, surviving him or her, the measure of damages to be recovered shall be the total of the necessary and reasonable value of such hospitalization or hospital service, medical and surgical services, such funeral expenses, and such costs and expenses of administration, including attorney fees.

Ind.Code § 34–23–1–1. While this block text is arguably less clear than if it had been drafted in a more modern style, the GWDS nevertheless delineates two separate categories of decedents.

The first category includes all decedents generally, without any additional conditions, in which case the estate is entitled to recover damages “including, but not limited to, reasonable medical, hospital, funeral and burial expenses, and lost earnings of such deceased person resulting from said wrongful act or omission.” Id. There is a fixed list of death-related expenses available to the estate directly as damages: “medical, hospital, funeral...

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  • City of Gary v. Nicholson
    • United States
    • Court of Appeals of Indiana
    • 10 Diciembre 2021
    ...each motion separately to determine whether the moving party is entitled to judgment as a matter of law.’ " SCI Propane, LLC v. Frederick , 39 N.E.3d 675, 677 (Ind. 2015) (quoting Reed v. Reid , 980 N.E.2d 277, 285 (Ind. 2012) ).Issue One: Injunction Order [12] Indiana Code Section 5-2-18.2......
  • City of Gary v. Nicholson
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    ...each motion separately to determine whether the moving party is entitled to judgment as a matter of law.'" SCI Propane, LLC v. Frederick, 39 N.E.3d 675, 677 (Ind. 2015) (quoting Reed v. Reid, 980 N.E.2d 277, 285 (Ind. 2012)). Issue One: Injunction Order [¶12] Indiana Code Section 5-2-18.2-6......
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