Whittaker v. Dail

ON CIVIL PETITION TO TRANSFER

KRAHULIK, Justice.

Richard Whittaker, Defendant-Appellant, has petitioned this Court to accept transfer from the Court of Appeals’ affirmance of a default judgment entered against him in the amount of $99,423.90 compensatory damages and $198,757.80 punitive damages. 567 N.E.2d 816 (1991). We accept transfer, reverse the judgment, and remand for a new trial.

The record reveals that Whittaker was sued for battery on September 3, 1987, by Susan Dail. The allegations of the complaint were that Whittaker abducted plaintiff from the streets of Marion, Indiana, on June 21,…