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Date: 08-16-2023
Case Style:
Case Number: 1:21-cv-374
Judge: hOLLY A. Brady
Court: United States District Court for the Northern District of Indiana (Allen County)
Plaintiff's Attorney: Albert Dahm and
Defendant's Attorney: Erin Clancy, Aaron Medley and Emilee Hammond
Description: Fort Wayne, Indiana plaintiff personal injury truck wreck lawyer represented Plaintiff who sued Defendants on auto negligence theories.
Plaintiff was rear-ended by a tractor-trailer driven by Defendant Timothy Buschert (“Buschert”) while in the course and scope of his employment with AJ Pallet, LLC (“AJ”). Suit was filed in an Indiana state court and removed here based on diversity jurisdiction. Plaintiff then amended her complaint, and that amended complaint includes a request for “exemplary damages.” Defendants moved for partial summary judgment on the punitive damages issue. (ECF No. 35). That motion is now fully briefed.
"Indiana uses a modified comparative negligence system in car accident cases. This means that the amount of damages you can recover is reduced by your percentage of fault. For example, if you are found to be 20% at fault for an accident, your damages will be reduced by 20%.
To be eligible to recover damages in an Indiana car accident case, you must prove that the other driver was negligent. Negligence is defined as the failure to exercise reasonable care under the circumstances. To prove negligence, you must show that the other driver:
owed you a duty of care;
breached that duty of care;
their breach of duty caused your injuries; and
you suffered damages as a result of your injuries.
The other driver's percentage of fault is determined by the jury. If you are found to be more than 50% at fault for the accident, you will not be able to recover any damages.
There are a few exceptions to the modified comparative negligence rule in Indiana. For example, if the other driver was driving under the inf"luence of alcohol or drugs, you may be able to recover damages even if you were also at fault for the accident.
If you have been injured in a car accident in Indiana, you should contact an attorney to discuss your legal options. An attorney can help you determine whether you have a valid claim and can represent you in court if you decide to file a lawsuit.
Here are some additional things to keep in mind about Indiana auto negligence law:
You have two years from the date of the accident to file a lawsuit.
You can recover damages for your medical expenses, lost wages, pain and suffering, and other losses.
The insurance company of the at-fault driver will likely be responsible for paying your damages.
If you have any questions about Indiana auto negligence law, you should contact an attorney."
Punitive damages, also known as exemplary damages, are damages awarded in addition to compensatory damages. They are intended to punish the defendant for their wrongful conduct and to deter them and others from engaging in similar conduct in the future.
Punitive damages are not awarded in all cases. They are only awarded in cases where the defendant's conduct is considered to be especially egregious or malicious. For example, punitive damages might be awarded in a case where the defendant intentionally caused the plaintiff's injuries, or where the defendant's conduct was reckless or wanton.
The amount of punitive damages that is awarded is determined by the jury. There are no set guidelines for how much punitive damages should be awarded. However, the jury is typically instructed to consider the following factors:
The severity of the defendant's conduct
The amount of compensatory damages awarded
The defendant's financial resources
The need to deter future misconduct
Punitive damages can be very large, sometimes even exceeding the amount of compensatory damages. However, there are limits on how much punitive damages can be awarded. In most states, punitive damages are capped at a certain amount, such as three times the amount of compensatory damages.
Punitive damages are a controversial topic. Some people believe that they are necessary to deter wrongful conduct, while others believe that they are excessive and unfair. The Supreme Court has limited the ability of juries to award punitive damages in recent years.
If you are considering filing a lawsuit, you should consult with an attorney to discuss whether punitive damages are an option in your case."
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Outcome: Defendant's motion for partial summery judgment granted.
Plaintiff's Experts:
Defendant's Experts:
Comments: