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

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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.
 
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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