ILNews

Question remains as to whether son is ‘child’ under Wrongful Death Statute

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals reversed summary judgment in favor of the defendants on two parents’ claims under the Child Wrongful Death Statute regarding their 21-year-old son who died in a car accident. The appellate court found a genuine issue of material fact as to whether the informal apprenticeship the son was participating in at the time of his death would be considered a vocational program under the CWDS.

Matthew Longest and his father Robert were involved in a car accident in 1998 with Lisa Sledge, resulting in Matthew Longest’s death and injuries to Robert Longest. The father, his wife Maribel – who is now deceased – and the son’s estate sued Sledge under the Child Wrongful Death Statute and the General Wrongful Death Statute, as well as sued for the father’s injuries and the mother’s loss of consortium. At the time of his death, Matthew Longest was studying under his father to be a journeyman mason through an informal, non-union apprentice.

The defendants sought partial summary judgment that the parents’ claims under the GWDS were limited to funeral, medical and administrative expenses because they were not their son’s dependent next of kin. The defendants also argued that Matthew Longest wasn’t a child under the CWDS because he wasn’t enrolled in a vocational program as required under the statute. The trial court granted partial summary judgment to the defendants on these issues.

In Matthew Longest, Deceased, by Robert Longest, Adm. & Parent of Matthew Longest, & Robert Longest, Jr. Adm. of Maribel Longest, Deceased v. Lisa M. Sledge, minor & Roger Brown & Donna Sledge, 47A05-1211-CT-594, the Court of Appeals reversed regarding the claims under the CWDS, rejecting the defendants’ argument that Matthew Longest had to be enrolled in a formal program that incorporated some component of traditional classroom instruction. Thus, there is a question as to whether the son is considered a child under the CWDS.

The judges affirmed the ruling in favor of the defendants that Matthew Longest’s parents weren’t his dependent next of kin. The parents were unable to prove that although the son was living at home and paying rent to his parents, as well as performing household chores, this qualified as even a partial dependency on him by the parents. The COA concluded the son’s actions were the sort of kindness one expected of a son living under his parents’ roof.

The judges also affirmed the trial court’s decision to reduce the attorney fees awarded to the Longests to one-fourth of the total amount performed for the four claims they brought, as attorney fees were only awardable to the estate of Matthew Longest on its claim.
 
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

ADVERTISEMENT