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Appellate court orders reinstatement of jury verdict

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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.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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