Cornell Harbison Excavating, Inc. v. May

DICKSON, Justice.

The principal question posed by this case is whether a party pleading the Indiana Comparative Fault Act’s nonparty defense must specifically name the nonparty. We grant transfer because this is an issue of first impression before this Court, which until now has not had occasion to review questions arising under the Act.

Plaintiffs-appellees Gregory D. May and Cherie L. May (Mays) brought this damage action against defendant-appellant Cornell Harbison Excavating, Inc. (Harbison) alleging negligence in the storage of drainage and sewer pipe struck by the Mays’ vehicle as it…