Legal Opinion
Weida v. Kegarise
Indiana Supreme Court
Decided July 5, 2006No. 66S03-0508-CV-377PublishedCited by 18 opinions
1Opinion of the Court
On Petition to Transfer from the Indiana Court of Appeals, No. 66A03-0406-CV-00247
SHEPARD, Chief Justice.
Setting aside a verdict because the trial court concludes that it is against the weight of the evidence is a weighty but well-recognized power of common law judges. Our rules require a judge who exercises this power to describe the reasons in some detail. When the trial court acts without giving reasons, the verdict should be reinstated on appeal.
Facts and Procedural History
On February 25, 2002, Weida and Donald Kegarise were involved in an automobile accident in which Weida rear-ended…
2Cases cited15 opinions
- Huff v. Travelers Indemnity Co.Indiana Supreme Court · 1977
- Nissen Trampoline Co. v. Terre Haute First National BankIndiana Supreme Court · 1976
- Bailey v. KainIndiana Court of Appeals · 1963
- Indianapolis Life Insurance v. LundquistIndiana Supreme Court · 1944
- Kirchoff v. SelbyIndiana Supreme Court · 1998
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Mary Elizabeth Santelli, as Administrator of the Estate of James F. Santelli v. Abu M. Rahmatullah, Individually and d/b/a Super 8 MotelIndiana Supreme Court · 2013
- Chi Yun Ho v. FryeIndiana Supreme Court · 2008
- Debra L. Walker v. David M. PullenIndiana Supreme Court · 2011
- Leroy v. KucharskiIndiana Court of Appeals · 2007
- Tancil v. StateIndiana Court of Appeals · 2011
13 more not listed; retrieve them via the Exa API.