Angel Shores Mobile Home Park, Inc. v. John Crays and Megan Crays
2017 Ind. App. LEXIS 263
| Ind. Ct. App. | 2017Background
- In 2010, the Crays’ 13‑year‑old son died by electrocution at the home of lessees (the Wagners) of Angel Shores Mobile Home Park. The Crays sued the Wagners and Angel Shores under Indiana’s Child Wrongful Death Statute (CWDS).
- The Wagners settled with the Crays before trial and were later designated nonparty defendants; Angel Shores remained as the sole defendant at trial.
- Parties entered a pretrial high/low Agreed Stipulation ($200,000 floor / $900,000 cap) and agreed the jury verdict would be final with no appeals of the verdict.
- The jury allocated fault 95% to Wagner and 5% to Angel Shores and awarded $3,000,000 in total damages (resulting in a $150,000 verdict against Angel Shores after fault allocation); the trial court later reduced the judgment by the $200,000 advance payment.
- The trial court awarded the Crays $60,000 in attorney’s fees and $72,864.85 in litigation expenses under CWDS; Angel Shores appealed claiming (1) the waiver bars appeal, (2) CWDS does not authorize fees/expenses, and (3) any expenses should be apportioned by comparative fault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver by Agreed Stipulation | Stipulation barred any appeals by either side. | Stipulation only waived appeals of the jury’s verdict (verdict = jury factual finding), not post‑verdict judicial rulings on fees/costs. | Court: Waiver covers jury verdict only; does not bar appeal of trial court’s award of fees/expenses. |
| Availability of attorney’s fees under CWDS | CWDS authorizes recovery of estate administration costs “including reasonable attorney’s fees”; harmonize CWDS with GWDS and AWDS to permit fees. | Angel Shores: Plaintiffs brought suit as parents (not personal representative), so CWDS does not permit separate attorney’s fees. | Court: CWDS is an amplification of GWDS; plaintiffs fall within the GWDS second category and CWDS permits recovery of attorney’s fees. No abuse of discretion in awarding fees. |
| Recoverability of litigation expenses under CWDS | Litigation expenses (depositions, travel, lodging, etc.) are recoverable under wrongful‑death provisions as expenses of prosecuting the action. | Argues costs should be narrowly construed and prior cases limiting recoverable "costs" make these items nonrecoverable. | Court: Prior wrongful‑death cases (McCabe, Fruits, Brown) allow recovery of litigation expenses under wrongful‑death statutes; expenses awarded under CWDS were permissible. |
| Apportionment of litigation expenses by comparative fault | Plaintiffs: expenses should be taxed against defendants remaining at judgment; not reduced by fault allocated to settled/nonparty defendants. | Angel Shores: expenses should be apportioned by relative fault (only 5% liability) under comparative fault principles. | Court: Under I.C. § 34‑52‑1‑5, costs are apportioned among parties remaining at judgment; nonparties’ fault does not reduce expenses. Angel Shores (sole defendant at judgment) liable for full reasonable expenses; no reduction by 5%. |
Key Cases Cited
- McCabe v. Commissioner, Indiana Dept. of Ins., 949 N.E.2d 816 (Ind. 2011) (AWDS permitting attorney fees when statutes construed harmoniously with GWDS)
- SCI Propane, LLC v. Frederick, 39 N.E.3d 675 (Ind. 2015) (interpretation of GWDS categories and limits on recovery of attorney’s fees)
- Hematology and Oncology of Indiana, P.C. v. Fruits, 950 N.E.2d 294 (Ind. 2011) (affirming award of litigation expenses under wrongful‑death statute)
- Indiana Patients’ Compensation Fund v. Brown, 949 N.E.2d 822 (Ind. 2011) (awarding litigation expenses in wrongful‑death context)
- Mendenhall v. Skinner & Broadbent Co., Inc., 728 N.E.2d 140 (Ind. 2000) (policy favoring settlement and discouraging unnecessary litigation)