Constitutions and Statutes
August 25, 2015
Professor Susanne Kinsella
PA201: Introduction to Legal Research
Statute: Ind. Code Ann. § 34-51-2-7 (West 2013).
According to the statute (In.gov), a defendant or defendants may be treated as a single party for actions based on fault against the defendant. The court shall instruct the jury to determine the percentage of fault the claimant, of the defendant of any non-party. A verdict shall be returned for the defendant is the percentage of fault to the claimant is greater than fifty percent of the total fault involved in the incident that caused the. However, the jury shall determine the total amount of damages the claimant would be entitled to recover if the percentage of fault of the claimant is not greater than fifty percent.
Statement of Fact: Samantha filed a complaint in trial court alleging negligence on the part of the store and is seeking damages for injuries that she suffered from the fall. The store is saying that Samantha is just as much at fault as they are. The store claims that Samantha wasn’t paying attention to where she was walking and should have been able to avoid the fall. The store also claims that Samantha was distracted by her young son. Samantha Smith states that while shopping with her son at the local grocery store she slipped and fell on clear shampoo that had leaked from a bottle and into the floor in one of the aisles. Smith had to spend the night in the hospital and will have to undergo several months of physical therapy due to a broken hip. The store states that the floors are check every hour and had been last checked 30 minutes prior to the accident and that no spills had been reported to the employees since the floor check. Smith filed a complaint in trial court claiming that the store was negligent with maintaining safety of their store. She is seeking damages for injuries that she suffered from the fall. The store claims that Smith is just as...