Allowing punitive damages for someone who is injured and not for someone who is killed defies logic and results in a lack of symmetry in the law. Death is, after all, the final injury, the ultimate insult.
Durham v. U-Haul, 745 N.E.2d 755 (Ind. 2001) was an Indiana Supreme Court decision following an Indiana Court of Appeals decision, 722 N.E.2d 355 (Ind. App. 2000) wherein the Indiana Court of Appeals held that punitive damages should be allowed in cases of wrongful death, based on public policy. The Indiana Supreme Court agreed with the policy considerations of the Indiana Court of Appeals in allowing punitive damages for wrongful death but held that it was within the province of the Legislature to make this decision and that until the Legislature decides that punitive damages are recoverable for wrongful death they will not be allowed in Indiana.