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SMITH v. BAXTER

No. 87S05-0209-CV-468.

796 N.E.2d 242 (2003)

John O. SMITH and Rufus Smith, Appellants (Defendant below), v. Mark J. BAXTER, Appellee (Plaintiff below).

Supreme Court of Indiana.

September 23, 2003.

Attorney(s) appearing for the Case

David L. Clark, Clark & Steedman, Evansville, IN, Attorney for Appellant.

Ronald Warrum, Evansville, IN, Attorney for Appellee.

DICKSON, Justice.

A jury verdict awarded plaintiff Mark Baxter $600,000 in damages after finding him 40% at fault and finding defendants John and Rufus Smith 60% at fault with regard to Baxter's fall from a ladder on the Smiths' farm. The defendants appealed, raising a single issue: whether the trial court erred in denying their motion for judgment on the evidence. The Court of Appeals reversed in a memorandum decision. We granted transfer, 783 N.E.2d 695 (Ind.2002...

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