Court reduces attorney fees awarded to pay firm by $1 million

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The Indiana Court of Appeals Wednesday found that an estate of a man with dependents can recover attorney fees under the General Wrongful Death Statute, but the trial court erred in how it calculated the amount the law firm will receive.

SCI Propane and other defendants appealed the award of “reasonable” attorney fees to Courtney Frederick, as personal representative of the estate of Stephen Frederick. Her husband was killed when a gas propane tank exploded on the property of William and Betty Kindle. They had recently changed the gas-control valve for their water heater, and neither SCI, nor Midland-Impact LLP, which was hired by SCI to fill the Kindles’ propane tank, re-tested the system after the Kindles’ repair.

The explosion and fire injured six other family members and led to a liability lawsuit filed by the victims.  A jury awarded the plaintiffs $27 million in damages, which was reduced based on the finding William Kindle was 35 percent at fault.

Frederick’s estate received more $3.7 million after the parties settled on the issue of damages, and the settlement did not include attorney fees. Those fees are at the heart of the appeal in SCI Propane, LLC; South Central Indiana Rural Electric Membership Corporation; et al v. Courtney Frederick, as Personal Representative of the Estate of Stephen Frederick, deceased, 55A04-1211-PL-586.

The defendants argue that the GWDS does not allow for the estate to recover attorney fees, as the statute does not explicitly say that attorney fees are recoverable when a decedent is survived by a spouse, dependent children or dependent next of kin. The defendants also argue that the trial court erred when it granted the estate nearly $2.33 million to pay attorney fees to Faegre Baker Daniels. The trial court held under the GWDS, the fee recovery should be based on a reasonableness standard, but the defendants claimed the estate was entitled to recover only under the terms of its contingency fee contract with FBD.

The Court of Appeals decided that attorney fees are recoverable under the first part of the GWDS because those fees are the “type” of damages contemplated by the statute; such a conclusion comports with the court’s principles of statutory construction; and the Legislature has “acquiesced” to the recoverability of attorney fees.

But the amount the estate can recover should have been limited to the amount it was required to pay FBD under its contingency fee agreement, Judge Rudolph Pyle III wrote. The award of attorney fees under the statute is compensatory in nature, and an aggrieved party should not be put in a better position than had the tort not occurred.

The trial court’s award of damages places the estate in a much better position than it would have been through its contingent fee agreement. The estate owes FBD 33 and 1/3 percent of its recovery from the settlement, which equals a little more than $1.244 million. But the estate was awarded more than $2.3 in attorney fees.

The case is remanded for the trial court to enter a revised award of attorney fees that is consistent with the attorney fee damages the estate incurred under its contingency fee agreement.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...