Najam, J.
Statement of the Case
The Estate of Gary Pfafman (“Pfafman’s Estate”) appeals the trial court’s grant of a new trial following a jury verdict in favor of the Estate on a complaint filed by Lori Lancaster, Individually and as Guardian of the Estate of Kole Craig (“Craig’s Estate”). Pfafman’s Estate presents two issues for our review, one of which is dispositive, namely, whether the trial court complied with the requirements of Indiana Trial Rule 59(J) when it ordered a new trial on the grounds that the verdict was against the weight of the evidence and that the evidence was insufficient to support the jury’s verdict. We reverse. [Footnote omitted.]
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We hold that the trial court’s findings and conclusions are insufficient under Trial Rule 59(J). In particular, the trial court did not relate the evidence of the nonparties’ negligence to the issue of comparative fault under the Act, but erroneously concluded that Pfafman’s conduct was the sole cause of Craig’s injuries. And the trial court did not address the possibility that the jury allocated 100% fault to Diehm and/or Farm Innovators despite the lack of an intervening cause. Accordingly, we reverse.
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The first step in interpreting a statute is to determine whether the Legislature has spoken clearly and unambiguously on the point in question. City of Carmel v. Steele, 865 N.E.2d 612, 618 (Ind. 2007). While the Act provides that a jury may allocate fault only “to those actors whose fault was a proximate cause of the claimed injury,” see Green, 942 N.E.2d at 795, the Act does not require that a jury allocate some fault to every actor who proximately caused the plaintiff’s injury. Rather, the Act permits the allocation of any percentage or no percentage of fault to a party or nonparty who caused or contributed to cause the injury.
Again, Indiana Code Section 34-51-2-7(b)(1) provides in relevant part that, in assessing the percentage of fault, the jury “shall consider the fault of all persons who caused or contributed to cause the alleged injury[.]” (Emphasis added). As our supreme court has held, “[i]t is just as important to recognize what the statute does not say as it is to recognize what it does say.” State v. Dugan, 793 N.E.2d 1034, 1036 (Ind. 2003). The statute does not say that the jury shall allocate fault to all persons who caused or contributed to cause the alleged injury. Rather, the jury shall merely consider a person’s fault in making that determination. Moreover, and significantly, the statute expressly permits a jury to allocate less than 100% fault to a party. Indiana Code Section 34-51-2- 7(b)(1) provides that the court “shall instruct the jury” that “[t]he percentage of fault of parties to the action may total less than one hundred percent (100%) if the jury finds that fault contributing to cause the claimant’s loss has also come from a nonparty or nonparties.” The legislature could have required that a minimum percentage of fault be allocated to a party under the statute, but it did not.
Conclusion
The trial court’s findings and conclusions in granting Craig’s Estate’s motion for a new trial are insufficient under Trial Rule 59(J). The trial court did not relate the evidence of the nonparties’ negligence to the issue of comparative fault under the Act, but erroneously concluded that Pfafman’s conduct was the sole cause of Craig’s injuries. And the trial court did not address the possibility that the jury allocated 100% fault to Diehm and/or Farm Innovators despite the lack of an intervening cause. Given the evidence that there were several but-for causes of Craig’s injuries attributable to the nonparties, the jury was entitled to allocate 100% fault to one or both of the nonparties and 0% to Pfafman. Accordingly, we reverse the trial court’s order and reinstate the jury’s verdict in favor of Pfafman’s Estate.
Reversed.
Vaidik, C.J., concurs in result with separate opinion.
Baker, J., concurs.
Vaidik, Chief Judge, concurring in result.
The trial court erred in finding as a matter of law that Pfafman proximately caused Craig’s injuries. Therefore, I concur in the result and would reinstate the jury’s verdict. But, I respectfully disagree with the majority that a jury is allowed to find an actor proximately caused an injury, yet decline to allocate a percentage of fault to that actor.
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The majority’s approach raises a number of difficult questions. Could a verdict ever be against the weight of the evidence where, as here, the plaintiff bears no fault but there are multiple at-fault actors? And if it could, how much relative causation of an actor is necessary to absolve another responsible actor from liability? Can an actor who is a proximate cause of an injury be relieved of a fault allocation when he is 10% at fault? 20%? 80%? What percentage of fault is forgivable among responsible actors?
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