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OBREMSKI v. HENDERSON

No. 22S01-8609-CV-828.

497 N.E.2d 909 (1986)

Russell G. OBREMSKI, Appellant (Plaintiff below), v. Charles D. HENDERSON, Appellee (Defendant below).

Supreme Court of Indiana.

Dissenting Opinion September 22, 1986.

Attorney(s) appearing for the Case

S. Frank Mattox, New Albany, Jonathan R. Builta, Sansberry, Dickmann, Freeman & Builta, Anderson, for appellant.

George M. Streckfus, Wyatt, Tarrant, Combs & Orbison, New Albany, for appellee.

William F. Harvey, Indianapolis, Robert C. Beasley, Beasley, Gilkison, Retherford, Buckles & Clark, Muncie, for the Indiana Trial Lawyers Association, amicus curiae.

SHEPARD, Justice.

The question is whether a civil complaint which alleges that the defendant drove his vehicle recklessly while intoxicated adequately states a claim for treble damages under Ind. Code § 34-4-30-1. We hold that it does.

Plaintiff Russell Obremski filed a complaint in two counts subsequent to an auto collision with defendant Charles Henderson. The first count alleged that the collision was caused...

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