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No error in finding defendant jointly and severally liable

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The Indiana Court of Appeals affirmed the finding that a man was jointly and severally liable for damages following a fight over a girl.

Brandon Cessna sought damages for personal injuries from Cody Dallas and Cody Lewellen, who beat him up when they went to Indiana University. Lewellen previously dated Cessna’s girlfriend, and Cessna and Lewellen had exchanged Facebook messages. At some point, Cessna told Lewellen to come to Bloomington so he could fight him.

Lewellen and two friends, including Dallas, went to Bloomington to retrieve Dallas’ car, which he had left in Bloomington the weekend prior. On the way there, Dallas and the other friend, Kyle Morris, learned about the words exchanged between Cessna and Lewellen. Lewellen and Cessna arranged a meeting outside a dorm, and Lewellen beat up Cessna. Dallas kicked Cessna in the face while he was on the ground and possibly unconscious. Cessna’s family claims he’s undergone a personality change since the assault.

Lewellen and Dallas entered into plea agreements with the state over the assault. Cessna then filed his complaint against the two, which found Lewellen and Dallas jointly and severally liable and ordered them to pay $75,000.

Dallas argued that he should only be held liable for the damages specifically caused by him, citing Ind. Dept. of Ins. V. Everhart, 960 N.E.2d 129 (Ind. 2012), in which the Supreme Court interpreted the Comparative Fault Act as abrogating the old rule of joint and several liability in suits to which the act applies. But the COA found this abrogation only relates to liability ground in negligence.

“The Act clearly stipulates that Cessna may recover one hundred percent of his damages for the intentional tort from Dallas, as Dallas pled guilty after a prosecution based on the same evidence used in the civil proceedings,” wrote Judge Patricia Riley in Cody Dallas v. Brandon Cessna, No. 80A02-1110-CT-925. “Because both Dallas and Lewellen were involved in the battery on Cessna and both were held liable after a criminal prosecution based on the same evidence, the imposition of joint and several liability for Cessna’s damages complies with the statutory requirement of I.C. § 34-51-2-10.”

The COA also declined to address Dallas’ argument on proximate cause because it amounted to a reweighing of a witness’s credibility.

 

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

  2. 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.

  3. 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.

  4. 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.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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