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First National Bank v. City of Portage

Citations: 590 N.E.2d 1110; 1992 Ind. App. LEXIS 603; 1992 WL 82045Docket: No. 64A03-9107-CV-193

Court: Indiana Court of Appeals; April 27, 1992; Indiana; State Appellate Court

Narrative Opinion Summary

In this case, First National Bank (FNB), acting as the executor of Helen Anderson's estate, appealed the trial court's denial of post-trial motions regarding a wrongful death claim against the City of Portage and Richard Rebeck. The central issue was whether the trial court should have entered a judgment in line with Indiana Trial Rule 59(J)(7), given the alleged inconsistency of the jury's verdict with the law and evidence. The incident in question involved an ambulance driven by Rebeck, who, while responding to an emergency, collided with a vehicle after running a red light. FNB argued that this constituted negligence per se under the Authorized Emergency Vehicle Statute, which mandates that emergency vehicles can disregard traffic signals only with due regard for safety. The jury found in favor of Rebeck and the City, and the trial court denied FNB's motions for judgment notwithstanding the verdict and a retrial on damages. The appellate court affirmed this decision, emphasizing that the jury's verdict was supported by evidence and reasonable inferences. The court also noted that demonstrating a statutory violation requires proving it was the proximate cause of the injury to establish liability. Consequently, the appeals court upheld the lower court's rulings, maintaining the verdict in favor of Rebeck and the City.

Legal Issues Addressed

Conflicting Evidence and Jury Verdicts

Application: The trial court's deference to the jury's verdict was appropriate due to conflicting evidence, which supported the jury's findings.

Reasoning: The jury's determination of whether Rebeck exercised due care under I.C. 9-4-1-25 is upheld if supported by evidence and reasonable inferences.

Judgment Notwithstanding the Verdict

Application: The court upheld the trial court's decision not to enter judgment notwithstanding the verdict because the jury's determination was supported by the evidence.

Reasoning: A trial court may enter judgment notwithstanding the verdict only if the verdict is clearly erroneous, contrary to law, or unsupported by evidence, viewing evidence favorably for the nonmoving party.

Negligence Per Se and the Authorized Emergency Vehicle Statute

Application: Rebeck's actions during the ambulance transport were evaluated under the statute, which allows emergency vehicles to disregard traffic signals with due regard for safety; the jury found no negligence per se.

Reasoning: FNB argues that Rebeck's admission of violating the Authorized Emergency Vehicle Statute (I.C. 9-4-1-25) constituted negligence per se.

Proximate Cause in Negligence Claims

Application: The court found that a statutory violation alone was insufficient to establish liability; proximate cause must also be demonstrated.

Reasoning: Additionally, a prior covenant not to sue existed between FNB and Antoinette Anderson, and any liability against the City of Portage and Rebeck cannot be established solely on negligence per se, as liability requires demonstrating that the statutory violation was a proximate cause of injury.