dissenting.
The issue in this case is whether there is a claim for the death of Evan Sears, 18, under the Wrongful Death Statute, or under the Child Wrongful Death Statute. There cannot be both. Either Evan did or did not have a "dependent" within the meaning of those statutes. If he did, a WDS claim is available to the personal representative of the decedent, but there is no CWDS claim. If he did not, a CWDS claim is available to his parents, but there is no WDS claim. His parents presented a CWDS claim, received the insurance limits in settlement, and executed the release of all claims described in Judge Baker's dissent. Estate of Sears v. Griffin, (52 N.E.2d 210, 219-20 (Ind.Ct.App.2001). His mother then turned around and, assuming the role of personal representative, presented a WDS claim on the inconsistent and wholly implausible theory that Evan's twelve-year-old sister was his dependent. I would affirm the trial court's dismissal of this claim on two grounds: (1) Evan's sister is not, as a matter of law under these pleadings, a dependent of Evan; and (2) his mother is estopped from presenting herself as a prospective personal representative to pursue this spurious claim after
*1141she sought and obtained recovery under an inconsistent theory.