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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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