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ATTORNEYS FOR APPELLANT Garrett V. Conover David Wilson Merrillville, Indiana

ATTORNEYS FOR APPELLEES Frank E. Tolbert Logansport, Indiana Alan F. Hizer Winamac, Indiana

In the

Indiana Supreme Court
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No. 66S03-0508-CV-00377 THOMAS M. WEIDA, Appellant (Defendant below), v. DONALD KEGARISE AND KATHY KEGARISE, Appellees (Plaintiffs below). _________________________________ Appeal from the Pulaski Circuit Court, No. 66C01-0301-PL-00001 The Honorable Michael Anthony Shurn, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 66A03-0406-CV-00247 _________________________________

July 5, 2006
Shepard, Chief Justice.

Setting aside a verdict because the trial court concludes that it is against the weight of the evidence is a weighty but well-recognized power of common law judges. Our rules require a judge who exercises this power to describe the reasons in some detail. When the trial court acts without giving reasons, the verdict should be reinstated on appeal.

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Facts and Procedural History

On February 25, 2002, Weida and Donald Kegarise were involved in an automobile accident in which Weida rear-ended Donald Kegarise's vehicle. Kegarise sued, alleging that Weida's negligence caused the accident, that he suffered injuries to the head, neck, back, hip, and knee, and that his business had suffered losses as a result of his inability to work. Kegarise's wife sued for loss of consortium. During a pre-trial conference, Weida stipulated to negligence in causing the accident, but challenged (as he did at trial) the "nature and extent" of Kegarise's injuries and his damage claims.

During closing arguments, however, Weida's counsel said to the jury, "we've admitted liability for this accident . . . . I'm going to make part of your job even easier. Pay his medical bills. We'll start with that. That's not

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Indiana Law