Evans v. Palmeter

While I concur as to the majority's holding regarding summary judgment, I respectfully dissent as to its holding Palmeter's negligence created the sudden emergency. The majority here has simply reweighed the evidence on its own, then substituted its judgment for that of the trial court and jury in violation of several bedrock principles of Indiana appellate review. The first of these principles is this court does not reweigh the evidence. We view the evidence and all inferences which may be reasonably drawn therefrom in a light most favorable to the verdict. Where the evidence is in conflict…