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Justices answer certified question on fault

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After revising a certified question received from the federal court, Indiana Supreme Court justices answered the question in the affirmative.

The U.S. District Court for the Southern District of Indiana sent the following question for the justices to answer: “Whether, in a crashworthiness case alleging enhanced injuries under the Indiana Products Liability Act, the finder of fact shall apportion fault to the person suffering physical harm when that alleged fault relates to the cause of the underlying accident.”

The question comes from a case involving a federal lawsuit filed by Nicholas Green against Ford Motor Co. under the Indiana Product Liability Act. Green claims Ford was negligent in its design of the vehicle’s restraint system. While he was driving, Green left the road, hit a guardrail, rolled the car, and the resulting injuries left him a quadriplegic. He’s seeking to excluded any evidence of his alleged contributory negligence on the grounds that anything he did to make the car leave the road isn’t relevant to whether Ford’s negligent design caused him to suffer injuries he wouldn’t have otherwise suffered.

In Nicholas Green v. Ford Motor Company, No. 94S00-1007-CQ-348, the justices examined the “Crashworthiness Doctrine” explained in the 8th Circuit Court of Appeals case, Larsen v. General Motors Corp., 391 F.2d 495, 502 (8th Cir. 1968), as well as caselaw from Indiana on the theory of crashworthiness presented in Larsen. Previous rulings have held that claims for enhanced injuries based on alleged uncrashworthiness have been viewed as separate and distinct from the circumstances relating to the initial collision or event, wrote Justice Brent Dickson.

The justices acknowledged the logical appeal to extend this analysis to view any negligence of a claimant in causing the initial collision as irrelevant in determining liability for the “second collision,” but two things lead to a different conclusion, he wrote.

“First, most of the early crashworthiness decisions arose under common law or statutory product liability law that imposed strict liability for which a plaintiff's contributory negligence was not available as a defense, making it irrelevant in those cases to consider a plaintiff's contributory negligence,” he wrote. “Second, and more important, product liability claims in Indiana are governed by the Indiana Product Liability Act, which, since 1995, has expressly required liability to be determined in accordance with the principles of comparative fault. Ind. Code § 34-20-8-1. We find the statutory language to be significant in resolving the question.”

The justices concluded that in a crashworthiness case alleging enhanced injuries under the Indiana Product Liability Act, it is the function of the fact-finder to consider and evaluate the conduct of all relevant actors who allegedly caused or contributed to cause the harm for which a plaintiff seeks damages. From the evidence, the jury then must determine whether such conduct satisfies the requirement of proximate cause, he wrote. A fact-finder may allocate as comparative fault only such fault that it finds to have been a proximate cause of the claimed injuries.

The justices revised the certified question to be: “Whether, in a crashworthiness case alleging enhanced injuries under the Indiana Products Liability Act, the finder of fact shall apportion fault to the person suffering physical harm when that alleged fault is a proximate cause of the harm for which damages are being sought.”

They unanimously answered this revised question in the affirmative.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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