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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. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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