OUTCOME: Jury verdict for Plaintiff of $1,500,000.00.
A surgical misadventure during a laparoscopic procedure to correct acid reflux disease caused a man to lose most of his stomach and has left him a 'gastric cripple.' For more information, see: http://w...ww.juryverdicts.net/IN2-07.pdf
Appeals
Blackwell v. Dykes Funeral Home, et al.
Jul 17, 2002
OUTCOME: Summary judgment as to Dykes reversed
Parents of deceased, whose cremated remains were not entombed at cemetery as requested by relatives, sued funeral home and cemetery for breach of contract, intentional and negligent infliction of emoti...onal distress, and punitive damages on their breach of contract claims. The Superior Court, Porter County, Jeffrey L. Thode, Special Judge, granted summary judgment to funeral home on claims of intentional and negligent infliction of emotional distress, and, on the basis of its grant of summary judgment, concluded that punitive damages could not be awarded. Parents appealed. The Court of Appeals, Baker, J., held that decedent's parents were sufficiently and directly involved in incident in which funeral home allegedly lost decedent's cremated remains, such that they could maintain claim against funeral home for negligent infliction of emotional distress.
See also: http://www.in.gov/judiciary/opinions/previous/archive/07170202.jgb.html