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Deree v. All American Shipping Supplies, Inc.

Citations: 718 N.E.2d 1214; 1999 Ind. App. LEXIS 1975; 1999 WL 1018635Docket: No. 49A02-9810-CV-835

Court: Indiana Court of Appeals; November 9, 1999; Indiana; State Appellate Court

Narrative Opinion Summary

The case involves a negligence lawsuit filed by Paul Edward Deree, Jr. against All American Shipping Supplies, Inc., following an injury he sustained from a falling bale of boxes at All American's facility. After a jury verdict in favor of All American, Deree sought a new trial, alleging evidence concealment and lack of cooperation during discovery by All American. The trial court denied this motion, leading to an appeal by Deree. The appellate court affirmed the trial court's decision, emphasizing the broad discretion given to trial courts in granting new trials and declining to re-examine evidence or witness credibility. Deree's claim centered around All American's alleged failure to specify the type of boxes involved, which he argued constituted concealment affecting his case preparation. However, the court found All American's discovery responses truthful and Deree's allegations unsubstantiated, noting that even clear evidence of All American's knowledge would not necessitate a different outcome. The court upheld the trial court’s judgment, denying relief based on Deree's assertions of prejudice due to alleged concealment, and did not address the issue of sanctions or All American's waiver claim.

Legal Issues Addressed

Concealment of Evidence in Discovery

Application: The court found no foundation for Deree's claims of evidence concealment, determining that All American's responses were truthful and not misleading.

Reasoning: Consequently, Deree's assertion of concealment lacks foundation, as the court is not permitted to reweigh conflicting evidence.

Credibility and Evidence Weight on Appeal

Application: The appellate court does not re-evaluate witness credibility or the weight of evidence presented at trial, maintaining the trial court's findings.

Reasoning: The court emphasized that it does not weigh evidence or determine witness credibility on appeal.

Discovery Process Compliance

Application: The trial court determined that All American accurately responded to discovery requests, dismissing claims of broader concealment.

Reasoning: The court determined that All American responded accurately to discovery requests, thus not concealing evidence, which justified its discretion in denying Deree's request for a new trial.

New Trial Motion Standard

Application: The appellate court upheld the trial court's decision to deny the motion for a new trial, finding no abuse of discretion in the trial court’s ruling.

Reasoning: The appellate court affirmed the trial court’s decision, stating that trial courts have broad discretion in new trial motions, which will only be overturned for abuse of discretion.