May 12, 2011

Indiana Court of Appeals Upholds Jury Award to Injured Concrete Worker

In its decision on January 26, 2011, the Indiana Court of Appeals upheld a jury award for Mr. Money, a concrete worker whose foot was injured when a bulldozer ran over it and later had to have four toes amputated, and his wife. Dan Cristiani Excavating Co. v. Money, 941 N.E.2d 1072 (Ind. Ct. App. 2011). The jury in the Clark Superior Court awarded Mr. Money $1,340,000.00 and awarded $228,917.00 to Mrs. Money. The excavating company responsible for paying the award, Dan Cristiani Excavating Company, appealed the decision by arguing that the trial should have bifurcated the trial into an initial liability phase and a later damages phase, the trial judge was wrong to not allow the jury to see the bulldozer or pictures of it, the trial judge was wrong to allow Mr. Money’s life care planner to testify about future medical treatment, and that the trial judge was personally biased. The Indiana Court of Appeals left the jury award unchanged and was not persuaded by any of the company’s arguments.

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