James T. Horejs, James Harris, and Robert Horejs, as Co-Administrators of the Estate of Laura A. Shaner, Deceased…

Summary

The Indiana Supreme Court held that a properly accrued claim for survivor damages under the wrongful-death statute survives the death of the surviving spouse regardless of whether that spouse left an heir. The court concluded that the statutes do not require an heir and therefore reversed partial summary judgment. Because the record did not establish that the co-administrators of Laura Shaner’s estate were the proper parties to continue David Shaner's claim, the court remanded for the trial court to determine whether a proper party exists. No separate opinions were filed.