ILNews

Appellate court orders reinstatement of jury verdict

Back to TopCommentsE-mailPrintBookmark and Share

Finding a trial judge erred when granting a new trial because he didn’t make specific findings in setting aside a jury verdict, the Indiana Court of Appeals reversed the lower court and ordered the jury verdict reinstated.

In American Family Home Insurance Co. v. Rick Bonta, No. 64A04-1008-CT-516, Rick Bonta sued Laura Morales and his insurer American Family Home Insurance Co. after he was injured in an accident with uninsured Morales. At trial, the jury found Bonta 55 percent at fault for his damages and Morales 45 percent at fault. Bonta filed a motion for judgment on the evidence and asked for a judgment in his favor or a new trial. The trial court set aside the jury verdict and granted the new trial, finding the verdict was against the weight of the evidence. The trial judge noted he was acting as a “thirteenth juror” by ordering the new trial.

After determining that American Family had standing to appeal the order, the Court of Appeals had to decide whether the trial judge made his decision under Indiana Trial Rule 50(C) or Rule 59(J). If under 50(C), the judge may grant a new trial and doesn’t have to support the findings, but if the judge made the decision under Rule 59(J), the judge must support the decision with written findings.

The order didn’t specify whether the trial court granted the motion based on Rule 50(C) or 59(J). The appellate court concluded that the judge’s order was granting relief pursuant to 59(J). The order said that the jury verdict was against the weight of the evidence and that the judge was acting as a 13th juror when ordering the new trial, but the order didn’t include special findings or other explanation, wrote Judge Patricia Riley.

The judges concluded that the proper remedy in this situation, citing Walker v. Pullen, 943 N.E.2d 349 (Ind. 2011), is to reinstate the jury verdict.

“While we understand that this result may seem harsh as a litigant may be disadvantaged not through his own fault but because a trial court failed to follow all the precedential requirements, we are not the proper court to formulate an alternative,” wrote Judge Riley.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. All of these comments you see on the internet about Dr matamah are not just comments, they are truthful words of experience written by those who have been there and found help in reuniting with the ones they hold dear to their heart and other marital and financial problems just like i did. am Svein Erik Bjerke from Gardermoen, Norway I can tell you this because I also asked him for help to cast a spell to fix my relationship with the only woman I have ever loved after been married four time in the last four years cos i didn't believe in love but in the power of being rich. When it came to meet my wife it was a different case because I fell for her in every way. At the time i met her it was only a while before the relationship became serious cos I bet she love me also. We moved in together and our relationship blossomed. we got married but couldn't have a baby and then I discovered my wife was barren. I had to try some spell casters but to no avail until I contacted Dr matamah. HE restored my wife's womb and just like that she got pregnant, she has given birth now and our baby is growing very healthy. I later casted a money spell through him which he did and today we are rich and doing very fine. Thank God for our lives and also to Dr matamah who God has used to blessed us. I know that not everybody will believe this moreover its just something on the internet but my heart knows every of this word that formed this entire comment is true. Am Leaving Dr matamah's contact for those who believe this and need help as well. his contact is: guruvoodoospellcast@yahoo.com

  2. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  3. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  4. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  5. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

ADVERTISEMENT