Preview:

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Apr 21 2009, 9:36 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: DAVID P. JONES Newby, Lewis, Kaminski & Jones, LLP LaPorte, Indiana

IN THE COURT OF APPEALS OF INDIANA
ERIC C. LEWIS, Appellant-Plaintiff/Counterdefendant, vs. ROBERT T. SMITH and ROBERT R. SMITH, Appellees-Defendants/Counterclaimants. ) ) ) ) ) ) ) ) )

No. 46A04-0810-CV-604

APPEAL FROM THE LAPORTE CIRCUIT COURT The Honorable Thomas Alevizos, Judge Cause No. 46C01-0508-CT-261

April 21, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Eric Lewis ("Lewis") appeals the trial court's order determining both drivers in a twocar collision to be "at fault to the extent of their individual monetary damages." Appendix at 4. We reverse and remand with instructions. Issue Lewis raises the dispositive issue of whether the trial court erred in not applying the Comparative Fault Act.1 Facts and Procedural History Lewis and Robert T. Smith ("Smith") were driving vehicles in a parking lot.2 They collided. Lewis filed a complaint; Smith filed a counterclaim. In a bench trial, Lewis testified that he sustained $3885 in damages, while Smith testified that his damages amounted to $2664. The trial court found that each driver did "not rationally prove additional fault on behalf of" the other. Id. It ordered that Lewis and Smith were "both at fault to the extent of their individual monetary damages, and recover nothing in excess thereof." Id. Lewis now appeals.

In light of our conclusion, we need not address Lewis' argument that the trial court's judgment was contrary to the evidence.
1 2

Lewis sued both Smith and his father, the owner of the car Smith was driving. For purposes of the Comparative Fault Act, they may be treated as a single party. Ind. Code

Download Eric C. Lewis v. Robert T. Smith and Robert R. Smith.pdf

Indiana Law