Compton v. Pletch

BUCHANAN, Judge.

PETITION ON REHEARING

In our original opinion, Compton v. Pletch (1990), Ind.App., 561 N.E.2d 803, we reversed a judgment which determined Compton to be 40% at fault in an auto accident. We did so because the court failed to instruct the jury on the sudden emergency doctrine. We now grant rehearing to amend our decision remanding this case for a new trial.

On rehearing, Pletch does not dispute the basis of the decision, but persuasively argues that Compton failed to raise on appeal any error with respect to damages, so the new trial should be limited to the issue of the…