Legal Opinion
Smith v. Washington
Indiana Supreme Court
Decided September 1, 2000No. 49S04-0009-CV-512PublishedCited by 18 opinions
1Opinion of the Court
ON PETITION TO TRANSFER
BOEHM, Justice.
This appeal presents the issue of the measure of damages for an act of negligence that increased the risk of an injury that was at least equally likely to occur in the absence of negligence. We grant transfer and hold, as we did in Cahoon v. Cummings, 734 N.E.2d 535 (Ind.2000), that damages under these circumstances are to be in proportion to the increased risk attributable to the defendant’s negligence. We affirm the trial court.
Factual and Procedural Background
James Smith was involved in a car accident in May of 1990, and soon sought the care of an…
2Cases cited7 opinions
- McKellips v. Saint Francis Hospital, Inc.Supreme Court of Oklahoma · 1987
- Mitchell v. MitchellIndiana Supreme Court · 1998
- Cahoon v. CummingsIndiana Supreme Court · 2000
- Mayhue v. SparkmanIndiana Supreme Court · 1995
- Dunn v. CadienteIndiana Supreme Court · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Indiana Department of Insurance v. EverhartIndiana Supreme Court · 2012
- Weiss v. HarperIndiana Court of Appeals · 2004
- Sawlani v. MillsIndiana Court of Appeals · 2005
- Daugherty v. Robinson Farms, Inc.Indiana Court of Appeals · 2006
- Scott v. CrussenIndiana Court of Appeals · 2000
13 more not listed; retrieve them via the Exa API.