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STATE THROUGH HIGHWAY DEPT. v. SNYDER

No. 9102-8912-CV-665.

570 N.E.2d 947 (1991)

STATE of Indiana, THROUGH Its HIGHWAY Department, Defendant-Appellant, v. Ronald E. SNYDER and Betty M. Snyder in Their Capacity As Co-Guardians of Dan E. Snyder, an Adult Incompetent, Plaintiffs-Appellees, Toby L. Parker, Defendant below.

Court of Appeals of Indiana, First District.

April 30, 1991.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Stephen C. McNutt, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for defendant-appellant.

Brent E. Clary, Roger Wm. Bennett, Bennett, Boehning, Poynter & Clary, Lafayette, Roger Miller, Miller & Martin, Frankfort, for plaintiffs-appellees.

BAKER, Judge.

The question presented in this case is whether a finding of comparative fault against a plaintiff with respect to one tortfeasor, is legally inconsistent with a finding of no contributory negligence by that plaintiff with respect to the State as the other tortfeasor. We hold that such verdicts are legally inconsistent and, thus, reverse and remand for a new trial.

FACTS

On November 9, 1985, Dan Snyder was injured in an accident involving...

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