Handrow v. Cox

I dissent because I believe the trial court erred in refusing the Handrows’ tendered instructions Nos. 35 and 36.1

In reviewing the refusal to give tendered instructions this court considers the following: (1) whether the tendered instruction is a correct statement of the law; (2) whether the instruction is supported by the evidence; (3) whether the substance of the instruction is covered by other instructions; and (4) whether the refusal to give the instruction resulted in prejudice to the party who tendered it. City of Lake Station v. Rogers (1986), Ind.App., 500 N.E.2d 235, 240.

Handrows’…