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11 Indiana opinions name it 2 courts 1980–2020 0 in the last five years
The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Boland v. Greergreen2 sentences1998Thompson v. Town of Fort Branch, 204 Ind. 152, 157 , 178 N.E. 440, 444 (1931) (citations omitted); Boland v. Greer, 409 N.E.2d 1116, 1119 (Ind.Ct.App.1980) (quoting Wallace v. Woods, 149 Ind.App. 257, 262-68 , 271 N.E.2d 487, 490-93 (1971)); Hahn v. Moore, 127 Ind.App. 149, 158 , 133 N.E.2d 900, 904 (1956). 1998Thompson v. Town of Fort Branch, 204 Ind. 152, 157 , 178 N.E. 440, 444 (1931) (citations omitted); Boland v. Greer, 409 N.E.2d 1116, 1119 (Ind.Ct.App.1980) (quoting Wallace v. Woods, 149 Ind.App. 257, 262-68 , 271 N.E.2d 487, 490-93 (1971)); Hahn v. Moore, 127 Ind.App. 149, 158 , 133 N.E .2d 900, 904 (1956). | 2 | 2 |
HAHN v. Mooregreen2 sentences1998Thompson v. Town of Fort Branch, 204 Ind. 152, 157 , 178 N.E. 440, 444 (1931) (citations omitted); Boland v. Greer, 409 N.E.2d 1116, 1119 (Ind.Ct.App.1980) (quoting Wallace v. Woods, 149 Ind.App. 257, 262-68 , 271 N.E.2d 487, 490-93 (1971)); Hahn v. Moore, 127 Ind.App. 149, 158 , 133 N.E.2d 900, 904 (1956). 1998Thompson v. Town of Fort Branch, 204 Ind. 152, 157 , 178 N.E. 440, 444 (1931) (citations omitted); Boland v. Greer, 409 N.E.2d 1116, 1119 (Ind.Ct.App.1980) (quoting Wallace v. Woods, 149 Ind.App. 257, 262-68 , 271 N.E.2d 487, 490-93 (1971)); Hahn v. Moore, 127 Ind.App. 149, 158 , 133 N.E .2d 900, 904 (1956). | 2 | 2 |
Miller v. Mayberrygreen2 sentences2005Writing separately in Miller v. Mayberry, 506 N.E.2d 7, 12 (Ind.1987) (Shepard, C.J., concurring), Chief Justice Shepard agreed with the majority that the pecuniary loss rule had been the court's long-standing interpretation of the previous version of the child wrongful death statute. 2005In Miller, 506 N.E.2d at 8 , our supreme court reaffirmed that "the pecuniary loss rule [was] the law in Indiana." As we have noted, Chief Justice Shepard wrote a separate opinion in Miller in which he agreed that the pecuniary loss rule applied and that it "has been the longstanding interpretation given" to Section 34-1~1-8, but suggested that it would not be inappropriate for the court to revisit its long-standing interpretation of Section 34-1-1-8. | 1 | 5 |
Wallace v. Woodsgreen2 sentences1984As noted in Wallace v. Woods, [(1971) 149 Ind.App. 257 , 271 N.E.2d 487 ] the highest court in this state has expressly adopted the pecuniary loss rule as the proper measure of damages in actions involving wrongful deaths of minor children. 1984As noted in Wallace v. Woods, [(1971) 149 Ind.App. 257 , 271 N.E.2d 487 ] the highest court in this state has expressly adopted the pecuniary loss rule as the proper measure of damages in actions involving wrongful deaths of minor children. | 1 | 3 |
Herriman v. Conrail, Inc.green2 sentences2001In Herriman v. Conrail, Inc., 887 F.Supp. 1148, 1154-55 (N.D.Ind.1995), the court interpreted Indiana case law since the 1987 amendment and concluded that Indiana continues to adhere to the pecuniary loss rule, despite inclusion of loss of services and loss of love and companionship. 2001In Herriman v. Conrail, Inc., 887 F.Supp. 1148, 1154-55 (N.D.Ind.1995), the court interpreted Indiana case law since the 1987 amendment and concluded that Indiana continues to adhere to the pecuniary loss rule, despite inclusion of loss of services and loss of love and companionship. | 1 | 2 |
Clark v. Kenleygreen2 sentences2005In other words, in 1987, when the legislature expanded the scope of recovery under the statute beyond the pecuniary loss rule and defined "child," the statute unmistakably superseded Miller but did not likewise repudiate our holding in Britt that an unborn child capable of life outside the womb is a "child." Statutes in Part Materia Our second concern with Bolin is that the court did not apply a fundamental rule of statutory construction, namely, the rule that in construing a particular statute, related statutes are in pari mate-ria and should also be considered to effectuate legislative inten 2005In other words, in 1987, when the legislature expanded the scope of recovery under the statute beyond the pecuniary loss rule and defined "child," the statute unmistakably superseded Miller but did not likewise repudiate our holding in Britt that an unborn child capable of life outside the womb is a "child." Statutes in Pari Materia Our second concern with Bolin is that the court did not apply a fundamental rule of statutory construction, namely, the rule that in construing a particular statute, related statutes are in pari materia and should also be considered to effectuate legislative intent | 1 | 1 |
Hall Drive Ins, Inc. v. City of Fort Waynegreen2 sentences2005In other words, in 1987, when the legislature expanded the scope of recovery under the statute beyond the pecuniary loss rule and defined "child," the statute unmistakably superseded Miller but did not likewise repudiate our holding in Britt that an unborn child capable of life outside the womb is a "child." Statutes in Part Materia Our second concern with Bolin is that the court did not apply a fundamental rule of statutory construction, namely, the rule that in construing a particular statute, related statutes are in pari mate-ria and should also be considered to effectuate legislative inten 2005In other words, in 1987, when the legislature expanded the scope of recovery under the statute beyond the pecuniary loss rule and defined "child," the statute unmistakably superseded Miller but did not likewise repudiate our holding in Britt that an unborn child capable of life outside the womb is a "child." Statutes in Pari Materia Our second concern with Bolin is that the court did not apply a fundamental rule of statutory construction, namely, the rule that in construing a particular statute, related statutes are in pari materia and should also be considered to effectuate legislative intent | 1 | 1 |
Vickery v. Ballentinegreen2 sentences2000A fortiori, the surviving beneficiaries of the decedent, killed as a result of such tortious conduct, are entitled to recover those punitive damages the decedent would have recovered had he or she lived." Vickery v. Ballentine, 293 Ark. 54 , 732 S.W.2d 160, 162 (1987). [8] Our supreme court has noted that the pecuniary loss rule in Indiana has been expanded to include loss of love and companionship. 2000A fortiori, the surviving beneficiaries of the decedent, killed as a result of such tortious conduct, are entitled to recover those punitive damages the decedent would have recovered had he or she lived." Vickery v. Ballentine, 293 Ark. 54 , 732 S.W.2d 160, 162 (1987). [8] Our supreme court has noted that the pecuniary loss rule in Indiana has been expanded to include loss of love and companionship. | 1 | 1 |
Robinson v. Wroblewskigreen2 sentences2000Robinson v. Wroblewski, 704 N.E.2d 467, 475 (Ind. 1998). . 2000Robinson v. Wroblewski, 704 N.E.2d 467, 475 (Ind.1998). [9] In Andis we relied on the strict construction rule as a second ground for our decision. 489 N.E.2d at 81 . | 1 | 1 |
Luider v. Skaggsgreen2 sentences1998Id. at 913 ; Herriman, 887 F.Supp. at 1155 ; Necessary v. Inter-State Towing, 697 N.E.2d 73, 76 (Ind.Ct.App.1998); Luider v. Skaggs, 693 N.E.2d 593, 597 (Ind.Ct.App.1998), trans. denied; Chamberlain v. Parks, 692 N.E.2d *476 1380, 1383 (Ind.Ct.App.1998), reh'g denied, trans. denied. 1998Id. at 913 ; Herriman, 887 F.Supp. at 1155 ; Necessary v. Inter-State Towing, 697 N.E.2d 73, 76 (Ind.Ct.App.1998); Luider v. Skaggs, 693 N.E.2d 593, 597 (Ind.Ct.App.1998), trans. denied; Chamberlain v. Parks, 692 N.E.2d 1380, 1383 (Ind.Ct.App.1998), reh’g denied, trans. denied. | 1 | 1 |
Chamberlain v. Parksgreen1 sentence1998Id. at 913 ; Herriman, 887 F.Supp. at 1155 ; Necessary v. Inter-State Towing, 697 N.E.2d 73, 76 (Ind.Ct.App.1998); Luider v. Skaggs, 693 N.E.2d 593, 597 (Ind.Ct.App.1998), trans. denied; Chamberlain v. Parks, 692 N.E.2d 1380, 1383 (Ind.Ct.App.1998), reh’g denied, trans. denied. | 1 | 1 |
Thompson v. Town of Fort Branchgreen2 sentences1998Thompson v. Town of Fort Branch, 204 Ind. 152, 157 , 178 N.E. 440, 444 (1931) (citations omitted); Boland v. Greer, 409 N.E.2d 1116, 1119 (Ind.Ct.App.1980) (quoting Wallace v. Woods, 149 Ind.App. 257, 262-68 , 271 N.E.2d 487, 490-93 (1971)); Hahn v. Moore, 127 Ind.App. 149, 158 , 133 N.E .2d 900, 904 (1956). 1998Thompson v. Town of Fort Branch, 204 Ind. 152, 157 , 178 N.E. 440, 444 (1931) (citations omitted); Boland v. Greer, 409 N.E.2d 1116, 1119 (Ind.Ct.App.1980) (quoting Wallace v. Woods, 149 Ind.App. 257, 262-68 , 271 N.E.2d 487, 490-93 (1971)); Hahn v. Moore, 127 Ind.App. 149, 158 , 133 N.E .2d 900, 904 (1956). | 1 | 1 |
Necessary v. Inter-State Towinggreen2 sentences1998Id. at 913 ; Herriman, 887 F.Supp. at 1155 ; Necessary v. Inter-State Towing, 697 N.E.2d 73, 76 (Ind.Ct.App.1998); Luider v. Skaggs, 693 N.E.2d 593, 597 (Ind.Ct.App.1998), trans. denied; Chamberlain v. Parks, 692 N.E.2d *476 1380, 1383 (Ind.Ct.App.1998), reh'g denied, trans. denied. 1998Id. at 913 ; Herriman, 887 F.Supp. at 1155 ; Necessary v. Inter-State Towing, 697 N.E.2d 73, 76 (Ind.Ct.App.1998); Luider v. Skaggs, 693 N.E.2d 593, 597 (Ind.Ct.App.1998), trans. denied; Chamberlain v. Parks, 692 N.E.2d 1380, 1383 (Ind.Ct.App.1998), reh’g denied, trans. denied. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Charles Moore v. State of Indiana
green
1 sentence2020Court of Appeals of Indiana | Memorandum Decision 19A-CR-3069 | July 8, 2020 Page 5 of 7 as utilized in Indiana and other jurisdictions requires that there be: 1) a sole testifying witness; 2) testimony that is inherently contradictory, equivocal, or the result of coercion; and 3) a complete absence of circumstantial evidence.” Moore, 27 N.E.3d at 756 . [12] Brown’s reliance on the incredible dubiosity rule is misplaced. | 1 | 2020–2020 |
Bolin v. Wingert
green
2 sentences2005In concluding that the term "child" only includes children born alive, the court in Bolin addressed four "concepts" that appear in the statute's definition of "child": "an (1) unmarried, (2) individual, (8) without dependents, (4) who is less than twenty years of age." 764 N.E.2d at 206 . 2005In concluding that the term "child" only includes children born alive, the court in Bolin addressed four "concepts" that appear in the statute's definition of "child": "an (1) unmarried, (2) individual, (3) without dependents, (4) who is less than twenty years of age." 764 N.E.2d at 206 . | 1 | 2005–2005 |
Andis v. Hawkins
green
1 sentence2000Robinson v. Wroblewski, 704 N.E.2d 467, 475 (Ind.1998). [9] In Andis we relied on the strict construction rule as a second ground for our decision. 489 N.E.2d at 81 . | 1 | 2000–2000 |
Ed Wiersma Trucking Co. v. Pfaff
green
2 sentences1998Wiersma, 643 N.E.2d at 913 . 1998Id. at 913 ; Herriman, 887 F.Supp. at 1155 ; Necessary v. Inter-State Towing, 697 N.E.2d 73, 76 (Ind.Ct.App.1998); Luider v. Skaggs, 693 N.E.2d 593, 597 (Ind.Ct.App.1998), trans. denied; Chamberlain v. Parks, 692 N.E.2d 1380, 1383 (Ind.Ct.App.1998), reh’g denied, trans. denied. | 1 | 1998–1998 |
Miller v. Mayberry
neutral
1 sentence1989Miller v. Mayberry (1984), Ind.App., 462 N.E.2d 1316 . 1 When the case was remanded to Judge Dugan, he deleted all findings relating to loss of love and affection. | 1 | 1989–1989 |
Siebeking v. Ford, Admx., Etc.
green
2 sentences1984See e.g., Boland v. Greer, (1980) Ind.App., 409 N.E.2d 1116 , trans. denied (1981); Childs v. Rayburn, (1976) 169 Ind.App. 147 , 346 N.E.2d 655 , trans. denied; Wallace v. Woods, (1971) 149 Ind.App. 257 , 271 N.E.2d 487 , trans. denied (1972); Siebeking v. Ford, (1958) 128 Ind.App. 475 , 148 N.E.2d 194 , trans. denied; Hahn v. Moore, (1956) 127 Ind.App. 149 , 133 N.E.2d 900 , trans. denied. 1984See e.g., Boland v. Greer, (1980) Ind.App., 409 N.E.2d 1116 , trans. denied (1981); Childs v. Rayburn, (1976) 169 Ind.App. 147 , 346 N.E.2d 655 , trans. denied; Wallace v. Woods, (1971) 149 Ind.App. 257 , 271 N.E.2d 487 , trans. denied (1972); Siebeking v. Ford, (1958) 128 Ind.App. 475 , 148 N.E.2d 194 , trans. denied; Hahn v. Moore, (1956) 127 Ind.App. 149 , 133 N.E.2d 900 , trans. denied. | 1 | 1984–1984 |
Childs v. Rayburn
green
2 sentences1984See e.g., Boland v. Greer, (1980) Ind.App., 409 N.E.2d 1116 , trans. denied (1981); Childs v. Rayburn, (1976) 169 Ind.App. 147 , 346 N.E.2d 655 , trans. denied; Wallace v. Woods, (1971) 149 Ind.App. 257 , 271 N.E.2d 487 , trans. denied (1972); Siebeking v. Ford, (1958) 128 Ind.App. 475 , 148 N.E.2d 194 , trans. denied; Hahn v. Moore, (1956) 127 Ind.App. 149 , 133 N.E.2d 900 , trans. denied. 1984See e.g., Boland v. Greer, (1980) Ind.App., 409 N.E.2d 1116 , trans. denied (1981); Childs v. Rayburn, (1976) 169 Ind.App. 147 , 346 N.E.2d 655 , trans. denied; Wallace v. Woods, (1971) 149 Ind.App. 257 , 271 N.E.2d 487 , trans. denied (1972); Siebeking v. Ford, (1958) 128 Ind.App. 475 , 148 N.E.2d 194 , trans. denied; Hahn v. Moore, (1956) 127 Ind.App. 149 , 133 N.E.2d 900 , trans. denied. | 1 | 1984–1984 |
Boland v. Greer
green
1 sentence1984Boland v. Greer, (1981) Ind., 422 N.E.2d 1236 (Hunter, J., dissenting to denial of transfer). | 1 | 1984–1984 |
Louisville, New Albany & Chicago Railway Co. v. Rush
neutral
2 sentences1984Ry. v. Rush, (1891) 127 Ind. 545 , 26 N.E. 1010 , this Court imposed the pecuniary loss rule; it has, unfortunately, remained the law ever since. 1984Ry. v. Rush, (1891) 127 Ind. 545 , 26 N.E. 1010 , this Court imposed the pecuniary loss rule; it has, unfortunately, remained the law ever since. | 1 | 1984–1984 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.