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KOCHER v. GETZ

No. 35S02-0312-CV-602.

824 N.E.2d 671 (2005)

Kevin KOCHER, Appellant (Defendant below), v. Alva Lynne GETZ, Appellee (Plaintiff below).

Supreme Court of Indiana.

March 30, 2005.

Attorney(s) appearing for the Case

Josef Musser, Kyle C. Persinger, Spitzer Herriman Stephenson, Holderead Musser & Conner, LLP, Marion, IN, for Attorneys for Appellant.

Mark C. Guenin, Emily C. Guenin-Hodson, Graduate Legal Intern, Guenin Law Office, P.C., Wabash, IN, Attorneys for Appellee.

Mark A. Scott, King, McCann & Scott, LLP, Kokomo, IN, Attorney for Amicus Curiae Indiana Trial Lawyers Assoc.

DICKSON, Justice.

In this automobile-van collision personal injury case, the trial court refused instructions the defendant submitted on comparative fault, which would have permitted a jury to consider mitigation of damages for purposes of fault allocation. The jury found for the plaintiff. In a divided opinion, the Court of Appeals reversed.1 We granted transfer,2

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