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GREEN v. FORD MOTOR CO.

No. 94S00-1007-CQ-348.

942 N.E.2d 791 (2011)

Nicholas A. GREEN, Plaintiff, v. FORD MOTOR COMPANY, Defendant.

Supreme Court of Indiana.

February 8, 2011.

Attorney(s) appearing for the Case

David V. Scott , New Albany, IN, James Orville McDonald , Terre Haute, IN, Gail Gaus-Renshaw, Lakinchapman LLC, Wood River, IL, Attorneys for Plaintiff.

Nelson D. Alexander , Kevin C. Schiferl , Maggie L. Smith , Frost Brown Todd LLC, Indianapolis, IN, John M. Thomas , Bryan Cave LLP, St. Louis, MO, Attorneys for Defendant.

Indiana Legal Foundation, Inc., Peter J. Rusthoven , Paul L. Jefferson , Barnes & Thornburg LLP, Product Liability Advisory Council, Inc., L. Alan Whaley , Brian J. Paul , Ice Miller LLP, Indianapolis, IN, Defense Trial Counsel of Indiana, Ross E. Rudolph , James B. Godbold , Rudolph Fine Porter & Johnson, LLP, Evansville, IN, Attorneys for Amici Curiae.

DICKSON, Justice.

The United States District Court for the Southern District of Indiana has certified for our resolution the following issue of Indiana state law:

Whether, in a crashworthiness case alleging enhanced injuries under the Indiana Products Liability Act, the finder of fact shall apportion fault to the person suffering physical harm when that alleged fault relates to the cause of the underlying accident.

We accepted this question pursuant...

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