After the trial, Bob filed a petition for attorney fees and costs under the General Wrongful Death Statute and Adult Wrongful Death Statute arguing that the two wrongful death statutes should be applied together for this additional damage recovery.
The trial court judge agreed and granted Bob’s petition. Defense counsel appealed this issue. The Court of Appeals affirmed the trial court. On a petition to transfer and after oral argument in front of the Indiana Supreme Court, the trial court was affirmed in June 2011.
Hematology-Oncology of Ind. v. Fruits oral argument
Hematology-Oncology of Ind. v. Fruits, 950 N.E.2d 294 (Ind. 2011) opinion
In addition to personally trying the Estate of Cadou case from the jury trial to the Indiana Supreme Court, Bob also authored an amicus brief on behalf of ITLA in the matter of Indiana Patients Compensation Fund v. Brown, 949 N.E.2d 822 (Ind. 2011).
He also spoke at the 2011 Indiana Trial Lawyer’s Association Lifetime Achievement Seminar on this topic and drafted a number of forms to help ITLA members recover attorney fees in ongoing wrongful death cases.
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