Tipmont Rural Electric Membership Corp. v. Fischer

SHEPARD, Chief Justice.

When the defendant in a civil jury trial seeks to appeal on grounds that the jury’s verdict exceeded the scope of the evidence, must it first have filed a motion to correct error under Ind.Trial Rule 59? We hold that it need not do so.

Appellees Greg and Susan Fischer sued Tipmont Rural Electric Membership Corporation for damage done to their dairy herd by stray voltage. The jury awarded nearly $1.7 million.

On appeal, Tipmont asserted among other things that the verdict exceeded even the evidence most favorable to the Fischers. The Court of Appeals held that this claim…