EDDY v. McGINNIS

No. 20S03-8703-CV-302.

523 N.E.2d 737 (1988)

Frances EDDY, Appellant (Plaintiff below), v. Brian McGinnis, Appellee (Defendant below).

Supreme Court of Indiana.

May 31, 1988.


Attorney(s) appearing for the Case

Charles C. Wicks, Craig A. Reiff, Elkhart, for appellant.

James F. Groves, South Bend, for appellee.


SHEPARD, Chief Justice.

This interlocutory appeal challenges the constitutionality of Indiana Code § 34-4-30-2. That statute provides that a defendant may not assert the possibility of criminal punishment as a defense to a claim for punitive damages. The issue is whether Ind. Code § 34-4-30-2 violates the double jeopardy clause of the Indiana Constitution. We hold it does not.

Appellant Frances Eddy was injured when her car was struck by a car driven...

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