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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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