SCI Propane, LLC v. Frederick

A gas leak occurred at the home of William and Betty Kindle, customers of SCI Propane LLC and related entities (collectively, SCI), resulting in an explosion and fire that killed one of the Kindles’ family members, Stephan Frederick. Frederick was survived by his wife and his minor son. Frederick’s Estate filed a wrongful death suit against SCI. The jury apportioned sixty-five percent liability to SCI and thirty-five percent to the Kindles. Both parties sought attorneys’ fees under the Indiana General Wrongful Death Statute (GWDS). The trial court granted the Estate’s motion and denied SCI’s motion. The Supreme Court reversed the award of attorneys’ fees under the GWDS, holding that attorneys’ fees are not recoverable as compensatory damages under the GWDS when the decedent is survived by a spouse and/or dependents. View "SCI Propane, LLC v. Frederick" on Justia Law