 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Stoller v. Totton8/22/2005
FOR PUBLICATION
Appellant-defendant Brian S. Stoller appeals the trial court's grant of appellee-plaintiff Sharon Totton's motion for attorney's fees and costs regarding her claim against him for negligence. Specifically, Stoller alleges that the trial court abused its discretion in finding that costs and fees were appropriate because he maintained a frivolous defense. Finding that the award was appropriate under these circumstances, we affirm the order of the trial court.
FACTS
On October 28, 1999, at approximately 10:20 p.m., Totton was operating her vehicle westbound in the center lane of I-70 in Indianapolis. Stoller was driving a semi tractor-trailer westbound in the left lane of I-70. Stoller moved the semi into the center lane, striking the rear driver's side of Totton's vehicle.
On August 16, 2001, Totton filed a negligence action against Stoller, alleging personal injury and damages resulting from the collision. Stoller filed an answer on October 25, 2001, in which he asserted comparative fault on Totton's part as an affirmative defense. During discovery, Totten sent interrogatories and requests for production and admissions to Stoller. Stoller admitted that Totton's vehicle was in the center lane immediately prior to the collision. But Stoller denied the following requests for admissions:
REQUEST NO. 9: Brian Stoller was negligent in the operation of his vehicle resulting in this collision.
REQUEST NO. 10: Brian Stoller's negligence in the operation of his motor vehicle resulted in his colliding with the vehicle being operated by Sharon Totton.
REQUEST NO. 11: Sharon Totton was exercising reasonable care in the operation of her motor vehicle and was not negligent with respect to the Collision.
REQUEST NO. 12: One hundred percent (100%) of the fault for the Collision is attributable to Brian Stoller for the negligent operation of his semi truck. Appellant's App. p. 33-34. In response to the interrogatories, Stoller stated:
As noted in Defendant's answers to Plaintiff's interrogatories, Brian Stoller checked the center lane to see if it was unobstructed and did not see anyone and proceeded to move into the center lane. Furthermore, Mr. Stoller alleges that Mrs. Totton may have been in the right lane and converged into the center lane at the same time that Mr. Stoller converged into the center lane. Appellant's App. p. 38.
Totton and Stoller were deposed prior to the trial. Both stated that they had not seen the other immediately prior to the collision. Stoller stated that he did not know of anything that Totton had done improperly with regard to her driving before the collision. Following the depositions, Stoller's counsel was advised that sanctions for maintaining a frivolous defense would be sought if Stoller did not admit liability. Totton's counsel again requested an admission of liability at the final pre-trial conference, but Stoller refused.
The jury trial commenced on October 26, 2004. Following the testimony of three witnesses, Stoller admitted liability and withdrew the affirmative defense of comparative fault. On October 27, 2004, the jury rendered a verdict in favor of Totton in the amount of $80,000. The trial court entered judgment on the jury's verdict on November 4, 2004.
On December 14, 2004, Totton filed a motion for costs and attorney's fees, alleging that Stoller had maintained his defense of comparative fault in bad faith. On February 22, 2005, the trial court granted Totton's motion because "the Plaintiff's assertion that Defendant maintained a frivolous defense on the issue of liability and failed to make a reasonable i
Page 1 2 3 Indiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|