State v. Tabler, No. 3-1075A217
| Docket Nº | No. 3-1075A217 |
| Citation | 395 N.E.2d 787, 272 Ind. 32 |
| Case Date | October 29, 1979 |
| Court | Supreme Court of Indiana |
Page 787
Appellants (Defendants below),
v.
Bryan TABLER, a minor by his next friend, Harvey Tabler,
Harvey Tabler, Administrator of the Estate of Carol Joyce
Tabler, Deceased, Harvey Tabler, Individually, and Terry P.
McBride, Appellees (Plaintiffs below).
Appeal from Jasper Circuit Court; Michael S. Kanne, Judge.
Theo. L. Sendak, Atty. Gen., Robert S. Spear, Asst. Atty. Gen., Indianapolis, for appellants.
Floyd F. Cook, Cook, Cook & Welke, Kokomo, Herbert F. Small, Nelson J. Becker, Hanna, Small, Sabatini & Becker, Logansport, for appellees Bryan Tabler, a minor by his next friend, Harvey Tabler, Harvey Tabler, Administrator of the Estate of Carol Joyce Tabler, deceased, and Harvey Tabler, Individually.
William S. Spangler, David L. Abel, II, Spangler, Jennings, Spangler & Dougherty, P. C., Gary, Thomas B. Dumas, Dumas & Moriarity, Rensselaer, for appellee Terry P. McBride.
Page 788
ON PETITION TO TRANSFER
Petition to Transfer Denied. (For opinion of Court of Appeals see 381 N.E.2d 502.)
HUNTER, Justice, dissenting to denial of transfer.
I dissent to the denial of the petition to transfer in this case because in my view Ind.R.Tr.P. 59(E)(5) and (7) and the Bailey v. Kain, (1963) 135 Ind.App. 657, 192 N.E.2d 486, line of cases completely [272 Ind. 33] uphold the trial court's action in granting a new trial solely upon the issue of damages.
The trial court made specific findings of fact on the issue of damages and indicated that the jury's verdict on that issue was clearly erroneous as contrary to the evidence. He specifically listed all the undisputed evidence which would show the jury's verdict on this issue was inadequate. This is in accordance with Ind.R.Tr.P. 59(E)(7) which states in part:
"When a new trial is granted because the verdict, findings or judgment do not accord with the evidence, the court shall make special findings of fact upon each material issue or element of the claim or defense upon which a new trial is granted. Such finding shall indicate whether the decision is against the weight of the evidence or whether it is clearly erroneous as contrary to or not supported by the evidence; . . . if the decision is found to be clearly erroneous as contrary to or not supported by the evidence, the findings shall show why judgment was not entered upon the evidence."
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Sanders v. Cole Mun. Finance, No. 3-185A24
...such relief requires as a basis a finding of inadequate damages, State v. Tabler (1978), 178 Ind.App. 31, 381 N.E.2d 502, trans. denied, 272 Ind. 32, 395 N.E.2d 787 (1979), and such a finding was not appropriate in this case for the reasons stated Appellants assert that the entry of judgmen......
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State v. Kallembach, No. 1-283A36
...corruption or considered some improper element. State v. Tabler, (1978), 178 Ind.App. 31, 381 N.E.2d 502, trans. den. (1979) Ind., 395 N.E.2d 787. The trial court's finding that the damages were inadequate was correct; however, such a finding does not in and of itself permit a trial court t......
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Campbell v. State, No. 1184S446
...the jury to infer that the crime occurred in a given county, such a finding will not be disturbed on appeal." Sizemore v. State, 272 Ind. at 32, 395 N.E.2d at 787. We believe the jury could infer from the substantial circumstantial evidence that the crimes charged occurred in Franklin ......
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State v. McKenzie, No. 92A03-9007-CV-0296
...is shown to be impracticable or unfair." We stated in State v. Tabler (1978), 178 Ind.App. 31, 381 N.E.2d 502, 506, transfer denied 272 Ind. 32, 395 N.E.2d 787, that a new trial limited to damages because of an award of inadequate damages is proper only when it is clear that the verdic......
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Sanders v. Cole Mun. Finance, No. 3-185A24
...such relief requires as a basis a finding of inadequate damages, State v. Tabler (1978), 178 Ind.App. 31, 381 N.E.2d 502, trans. denied, 272 Ind. 32, 395 N.E.2d 787 (1979), and such a finding was not appropriate in this case for the reasons stated Appellants assert that the entry of judgmen......
-
State v. Kallembach, No. 1-283A36
...corruption or considered some improper element. State v. Tabler, (1978), 178 Ind.App. 31, 381 N.E.2d 502, trans. den. (1979) Ind., 395 N.E.2d 787. The trial court's finding that the damages were inadequate was correct; however, such a finding does not in and of itself permit a trial court t......
-
Campbell v. State, No. 1184S446
...the jury to infer that the crime occurred in a given county, such a finding will not be disturbed on appeal." Sizemore v. State, 272 Ind. at 32, 395 N.E.2d at 787. We believe the jury could infer from the substantial circumstantial evidence that the crimes charged occurred in Franklin ......
-
State v. McKenzie, No. 92A03-9007-CV-0296
...is shown to be impracticable or unfair." We stated in State v. Tabler (1978), 178 Ind.App. 31, 381 N.E.2d 502, 506, transfer denied 272 Ind. 32, 395 N.E.2d 787, that a new trial limited to damages because of an award of inadequate damages is proper only when it is clear that the verdic......