WITTE v. MUNDY EX REL. MUNDY

No. 17S05-0406-CV-248.

820 N.E.2d 128 (2005)

Monica, James, and Diane WITTE, Appellants (Defendants below), v. Mikayla MUNDY, a minor, by her next friend, parent and guardian, Kristin MUNDY, Appellees (Plaintiffs below).

Supreme Court of Indiana.

January 6, 2005.


Attorney(s) appearing for the Case

Michael H. Michmerhuizen, Patrick G. Murphy, Fort Wayne, IN, Attorney for Appellants.

Konrad M.L. Urberg, Joseph Christoff, Fort Wayne, IN, Attorney for Appellees.


BOEHM, Justice.

A child and her mother sued when the child was struck by the defendants' car. On the eve of trial the mother moved to dismiss her claim. The trial court granted the motion to dismiss but denied the defendants' motion to add the mother as a nonparty for purposes of comparative fault. The jury then returned a verdict for the defense. We hold that it was error to refuse to add the mother as a nonparty, but because the plaintiffs invited the error, neither...

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