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HOCKEMA v. J.S.

No. 91A02-0409-CV-748.

832 N.E.2d 537 (2005)

Anne HOCKEMA and Stanley Hockema, Appellants-Defendants, v. J.S., by his Natural Parents Eric Secrest and Merri Nicollette Secrest; E.S., by her Natural Parents Eric Secrest and Merri Nicollette Secrest; and Eric Secrest and Merri Nicollette Secrest, Appellees-Plaintiffs.

Court of Appeals of Indiana.

Rehearing Denied October 3, 2005.

Attorney(s) appearing for the Case

James A. Goodin, James R. Browne, Jr., Goodin Abernathy & Miller, LLP, Indianapolis, IN, for Appellants.

Robert Leirer Justice, Logansport, Elizabeth A. Justice, Crawfordsville, IN, for Appellees.

OPINION

VAIDIK, Judge.

Case Summary

Seventeen-year-old Anne Hockema and her father Stanley Hockema appeal the trial court's grant of additur after the jury found Jacob Secrest to be 66.75% at fault and awarded $0 damages. Because under our comparative fault scheme Jacob was barred from recovering for his damages and his parents' claim for medical expenses are derivative claims, we conclude that the trial court erred by allowing the parents to recover...

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