Yvonne D. Zigler, Administratrix of the Estate of Brian L. Zigler, Deceased v. United States

MORAN, Chief District Judge.

Brian L. Zigler was a young man when he died on November 7, 1984, in a tragic construction accident. For his family his death came many many years too early. For the purposes of this Federal Tort Claims Act case his death came, unfortunately, two months too early. The trial court found that the decedent’s negligence was a contributory factor in the accident. That finding is not clearly erroneous. And, since Indiana did not adopt a comparative fault statute until January 1, 1985, Ind. Code § 34-4-33-1 et seq., that contributory fault bars recovery. We affirm.

At the…