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Hockema v. J.S.8/8/2005
Case Summary
Seventeen-year-old Anne Hockema and her father Stanley Hockema appeal the trial court's grant of additur after the jury found Jacob Secrest to be 66.75% at fault and awarded $0 damages. Because under our comparative fault scheme Jacob was barred from recovering for his damages and his parents' claim for medical expenses are derivative claims, we conclude that the trial court erred by allowing the parents to recover 33.25% of Jacob's stipulated medical expenses. Consequently, we reverse and remand with instructions to reinstate the jury's verdict.
Facts and Procedural History
In September 2001, Anne was driving along Hanawalt Road in White County, Indiana. As she was driving, eight-year-old Jacob Secrest darted out into the road and collided with Hockema's vehicle. Jacob's nine-year-old sister, Erica Secrest, witnessed the collision, and Jacob's mother, Merri Secrest, came running out of her parents' house to assist Jacob immediately after the collision. Jacob's father, Eric Secrest, was not present at the scene of the accident. Jacob was transported to the hospital by ambulance with his mother accompanying him. As a result of the impact, Jacob broke his right elbow and collarbone, which required him to undergo surgery and attend physical therapy.
The Secrests filed a complaint for damages against Anne and Stanley (collectively, "the Hockemas"), which sought recovery for medical expenses; permanent injuries; emotional distress; loss of services; and pain and suffering. A jury trial ensued during which the parties stipulated that Jacob's medical expenses totaled $38,708.44. Following the presentation of evidence, the parties argued final jury instructions to the judge. Included among the final instructions were the following verdict instructions and verdict form:
VERDICT INSTRUCTIONS
If you find the Defendant is not at fault, then your verdict must be for the Defendants, and no further deliberation of the jury is necessary. (Use Verdict Form A-1.)
If however you find there is fault on behalf of the Defendant, Anne Hockema, you are required to apportion the fault on a percentage basis between Jacob Secrest and Anne Hockema to determine whether the Plaintiffs are entitled to recover damages, and if so, the amount of such recovery. You may not apportion fault to any other person or entity.
You will therefore determine the comparative fault issues in this case as follows:
First, you must determine the percentage of fault, if any, of Jacob Secrest and of Anne Hockema in the proximate causation of the Plaintiffs' injuries and damages. These percentages must total 100 percent.
f you find Anne Hockema is at fault and Jacob Secrest's fault is greater than 50 percent, then you must return your verdict for the Defendants and against Jacob Secrest. No further deliberation is required as to Jacob Secrest. (Use Verdict Form A-2.)
However, if you find that Jacob Secrest's fault is 50 percent or less, then you must determine the total amount of damages Jacob Secrest is entitled to recover, if any, without regard to fault. Then you must multiply Jacob Secrest's total damages by Anne Hockema's percentage of fault and return your verdict for Jacob Secrest and against the Defendants in the amount of the product of that multiplication. (Use Verdict Form B-1.)
If you find that Anne Hockema is at fault at all, [then] you must also determine the total amount of damages Eric Secrest, Merri Secrest, and Erica Secrest are each entitled to recover, if any, without regard to fault.
Then you must multiply Eric Secrest, Merri Secrest, and Erica S
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