ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEES
ROBERT E. PAUL See Appendix A
Paul, Reich & Myers, P.C.
MARK K. DUDLEY
Young, Riley, Dudley & Debrota
JAMES A. MARTIN, Administrator of the Estate ) Of MADELINE MARTIN, Deceased, and ) Widower in his own right, ) Cause No. 49S02-0202-CV-117 ) in the Supreme Court Appellant (Plaintiff Below ), ) ) v. ) ) Cause No. 49A02-0008-CV-534 ACandS, INC., et al., ) in the Court of Appeals ) Appellees (Defendants Below ). )
We granted transfer, and now reverse, holding that Mrs. Martin had standing as
a bystander under the Act.
We hold today in
Stegemoller v. ACandS, Inc., No. 49S02-0111-CV-593, slip op. (Ind.
May 17, 2002), that a plaintiff who allegedly contracted a disease as a
result of contact with asbestos fibers brought home on the person and clothing
of her husband has standing as a bystander under the Act. Our
reasoning in that case applies here, and we reach the same result:
taking into account the nature of asbestos products, Mrs. Martin had a cognizable
claim as a bystander under the Act.
Mr. Martin claims that he has an independent cause of action under the
Act, as a product user who suffered physical harm in the form of
lost services. (Appellants Br. at 6.) Because we find that Mrs.
Martin had standing under the Act, we need not address this argument.
In wrongful death actions based on product liability,
damages may be awarded for
the surviving spouses loss of services, love, and affection. Durham v. U-Haul
Intl, 745 N.E.2d 755, 765 (Ind. 2001) (loss of consortium is a proper
element of damages in a wrongful death action for the death of a
spouse and includes material services as well as love, care, and affection).
Mr. Martin may therefore seek compensation for his loss based upon our holding
that Mrs. Martin qualified as a bystander.
Dickson, Sullivan, Boehm, and Rucker, JJ., concur.
For AlliedSignal, Inc.; Dana Corp.; Flexitallic, Inc.; Foseco, Inc.; General Motors Corp.; Quigley
Co., Inc.; Union Carbide Corp.
DANIEL M. LONG
Locke Reynolds LLP
For Kaiser Aluminum & Chemical Corp.
CHRISTOPHER D. LEE
LEE F. BAKER
Kahn, Dees, Donovan & Kahn, LLP
For Riley Stoker Corp.; Congoleum Corp.
REGINALD B. BISHOP
Roberts & Bishop
For Georgia-Pacific Corp.
ANDREW J. DETHERAGE
JONATHON D. MATTINGLY
Barnes & Thornburg
For ACandS, Inc; North American Refractories Co.; A.P. Green Services
LISA M. DILLMAN
For A.P. Green Industries, Inc.; New Harbison-Walker Refractories Co.; Pittsburgh Metals Purifying; Plibrico
JASON L. KENNEDY
Segal McCambridge Singer & Mahoney, LTD
For Chicago Fire Brick Co.
BRUCE L. KAMPLAIN
Norris, Choplin & Schroeder, LLP
For Beazer East; Universal Refractories
Sacopulos Johnson & Sacopulos
Terre Haute, Indiana
For Hoosier Gasket Corp.
BETTE J. DODD
Lewis & Kappes, P.C.