6 Indiana opinions name it 2 courts 2000–2020 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 |
|---|---|---|
Cahoon v. Cummingsgreen2 sentences2020See Cahoon v. Cumming, 734 N.E.2d 535, 544 (Ind. 2000). 2008Rather, the appropriate recovery in a case where a child is injured by medical malpractice and later dies as a result is under the Child Wrongful Death Act, and the law in this state is clear that “[t]he survival statute precludes recovery on both a wrongful death claim and a survival claim.” Cahoon v. Cummings, 734 N.E.2d 535, 544 (Ind.2000). | 2 | 3 |
Faris v. AC AND S, INC.green1 sentence2018See Faris, 842 N.E.2d at 875 (setting forth a “rule that an amended complaint will relate back if the claimant gains the appropriate legal status within the statute of limitations and affirming the dismissal of the plaintiff’s survival claims where she was not the personal representative of the decedent’s estate within the requisite eighteen-month period); Hosler, 710 N.E.2d at 196 (explaining that Indiana Trial Rule 15(C) does not alter a party’s legal status and cannot be used to save a wrongful death claim from dismissal); Gen. | 1 | 1 |
Hosler Ex Rel. Hosler v. Caterpillar, Inc.green1 sentence2018See Faris, 842 N.E.2d at 875 (setting forth a “rule that an amended complaint will relate back if the claimant gains the appropriate legal status within the statute of limitations and affirming the dismissal of the plaintiff’s survival claims where she was not the personal representative of the decedent’s estate within the requisite eighteen-month period); Hosler, 710 N.E.2d at 196 (explaining that Indiana Trial Rule 15(C) does not alter a party’s legal status and cannot be used to save a wrongful death claim from dismissal); Gen. | 1 | 1 |
ESTATE OF SEARS EX REL. SEARS v. Griffingreen1 sentence2002Id. at 218-20 (Baker, J. concurring in part and dissenting in part). *1138 The Estate's Survival Claim The estate's survival claim has no merit. | 1 | 1 |
American International Adjustment Co. v. Frank J. Galvin, Jr., and Galvin, Stalmack and Kirschnergreen1 sentence2000See id. at 1457-58 . | 1 | 1 |
Cahoon v. Cummingsgreen1 sentence2000See Cahoon v. Cummings, 715 N.E.2d 1, 9 (Ind.Ct.App.1999). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
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.