Another Jury Verdict Is Reinstated Because Trial Court Did Not Provide Specific Reasons for Setting the Verdict Aside

Procedure/Motion to Correct Error Bookmark and Share
May 4, 2011

Less than two months ago, we told you that the Indiana Supreme Court had reinstated a jury verdict because the trial court did not provide specific reasons for setting the verdict aside. Today, the Indiana Court of Appeals follows suit in Am. Family Home Ins. Co. v. Bonta, ___ N.E.2d ___ (Ind. Ct. App. 2011), Cause No. 64A04-1008-CT-51.
Lessons:
  1. If you file a motion under Trial Rule 59, urge your trial court to make specific findings when ruling on the motion. Otherwise, the jury verdict will be reinstated.
Brad A. Catlin
Price Waicukauski & Riley, LLC
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