Seifert v. Bland

587 N.E.2d 1317, 1992 Ind. LEXIS 81, 1992 WL 46315
CourtIndiana Supreme Court
DecidedMarch 13, 1992
DocketNo. 71S03-9203-CV-172
StatusPublished
Cited by3 cases

This text of 587 N.E.2d 1317 (Seifert v. Bland) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seifert v. Bland, 587 N.E.2d 1317, 1992 Ind. LEXIS 81, 1992 WL 46315 (Ind. 1992).

Opinions

DeBRULER, Justice.

This cause comes to us on a petition for transfer from the Third District Court of Appeals. Appellant presents two issues in this appeal: 1) whether the trial court erred in giving a jury instruction that allowed non-property damages to be trebled under the treble damage statute, Ind.Code 34-4-30-1; and 2) whether the trial court erred in giving an instruction that allowed the jury to consider the plaintiff's loss of quality and enjoyment of life as an element of damages separate from the nature and extent of the injury. The Court of Appeals reversed, holding that I.C. 34-4-30-1 was inapplicable to damages for personal injury and that juries should consider the loss of quality and enjoyment of life as a component of other elements of damage to avoid impermissible duplication of damages. Seifert v. Bland (1989), Ind.App., 546 N.E.2d 1242. For the reasons set forth below, we now grant transfer and reverse the trial court judgment.

The facts are as follows: On October 5, 1986, Robert Seifert, appellant, was driving southbound on Williams Street in South Bend. He failed to stop at the stop sign at the intersection of Williams and Western Street, and he failed to signal his left turn. He collided with a car driven by Leon Bland, appellee, who had come to a complete stop before proceeding into the intersection. At the time of the collision Seifert was intoxicated and had a blood alcohol content of .20, twice the legal limit.

A jury awarded Bland $250,000 in compensatory damages and an additional $750,-000 under I.C. 84-4-80-1 as treble damages. By agreement the treble damage award was reduced to $500,000 for an aggregate award of $750,000. The trial court also awarded $800,000 as attorney fees and $5,616.70 as costs under I.C. 34-4-30-1.

Seifert contends that the trial court erred in giving Plaintiff's Tendered Instruction No. 2:

A person engages in conduct which is reckless if he engages in the conduct in plain, conscious, and unjustifiable disregard of the harm that might result and this disregard of the harm that might result to others involves a substantial deviation from acceptable standards of conduct.

If you find that:

1. the defendant recklessly damaged property of another without his consent; and
2. Mr. Bland sustained a pecuniary loss as a result of the defendants [sic] reckless conduct;

Then you may award Mr. Bland:

1. An amount not to exceed three (8) times his actual damages; and
2. All costs of this action; and
8. a reasonable attorney's fee which has been stipulated to be 85%; and
4. All actual travel expenses that were incurred by Mr. Bland to attend court proceedings; and
5. Reasonable compensation for Mr. Bland's loss of time relating to attending all court proceedings; and
6. All reasonable expenses incurred relating to providing witnesses [sic] fees in attending court proceedings [1319]*1319and in travelling to and from court proceedings; and
7. and all other reasonable costs of collection.
Pecuniary loss is a loss of money, or of something by which money, or something of money value may be acquired and includes any money lost as a result of lost wages or income, medical bills, or damage to property.
Actual damages includes all compensatory damages, which you may award Mr. Bland in compensation for Mr. Bland's injuries, including past, present and future physical and mental pain and suffering, all reasonable medical expenses, all lost wages or impairment to earning capacity, disability, property damage and loss of enjoyment of life.

As a preliminary matter, Bland maintains that Seifert waived consideration of this issue by changing the theory of his objection to the treble damage instruction on appeal. The essence of Seifert's objection at the trial court level to Plaintiff's Tendered Instruction No. 2 was that nei ther the treble damage statute nor its legislative history contemplated trebling "personal injuries and general damages for personal injuries." While Seifert's objection could have been more artfully stated, we are satisfied that it sufficiently conveyed the gist of his argument on appeal so as to allow us to reach the merits of the cause.

The tzeble damage statute was first applied to an automobile accident in Obremski v. Henderson (1986), Ind., 497 N.E.2d 909. This Court held that an intoxicated driver who had recklessly damaged the plaintiff's car committed criminal mischief and could be subject to liability for treble damages under I.C. 34-4-30-1.

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Cite This Page — Counsel Stack

Bluebook (online)
587 N.E.2d 1317, 1992 Ind. LEXIS 81, 1992 WL 46315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seifert-v-bland-ind-1992.