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. Are you financially squeezed? Do you seek funds to pay off credits and debts Do you seek finance to set up your own business? Are you in need of private or business loans for various purposes? Do you seek loans to carry out large projects Do you seek funding for various other processes? If you have any of the above problems, we can be of assistance to you but I want you to understand that we give out our loans at an interest rate of 3% . Interested Persons should contact me with this below details . LOAN APPLICATION FORM First name: Date of birth (yyyy-mm-dd): Loan Amount Needed: Duration: Occupation: Phone: Country: My contact email :jasonwillfinanceloanss@hotmail.com Note:that all mail must be sent to: jasonwillfinanceloanss@hotmail.com Thanks and God Bless . Jason Will

  2. Can I get this form on line,if not where can I obtain one. I am eligible.

  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

ADVERTISEMENT