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Kelly v. Levandoski4/18/2005
st be correct statements of law, applicable to the evidence presented at trial, and relevant to the issues the jury needs to decide to reach a verdict. Id. at 289.
Erroneous jury instructions need not result in reversal of a judgment. Id. at 287. Reversal is warranted only "upon an affirmative showing that the instructional error prejudiced the party's substantial rights." Id. at 289. If the verdict would not have been different, any error was harmless. Id. at 287.
Final instruction fourteen stated:
The Plaintiff has made a claim for damages based on contract implied in law. Even if you find that a contract has not been entered into, the plaintiff may be entitled to recover damages.
To recover, the plaintiff has the burden of proving the following elements by a preponderance of the evidence:
First: The plaintiff provided valuable services or benefits to the defendant;
Second: The services or benefits were provided at the express or implied request of the defendant;
Third: The services or benefits were provided under circumstances where it is only fair the plaintiff be compensated; and
Fourth: Compensation is necessary to prevent the unjust enrichment of the defendant at the expense of the plaintiff.
If you find after considering all the evidence that the plaintiff has proved each of these elements, you may award damages to the plaintiff for the reasonable value of the services or benefits provided.
(Appellant's App. at 190-91.)
Kelly asserts the court should not have given this instruction because the record contained no evidence demonstrating Kelly received a benefit from Levandoski. As we discussed in Issue 1, supra, the evidence permitted the inference Kelly received the benefit of knowing the van was available during trial preparations if he needed it for an accident reconstructionist or to obtain damage estimates. Kelly claimed at oral argument he did not need the van for an accident reconstructionist because the only issue was the timing of the lights at the intersection where the accident occurred. However, 1998 correspondence from Wolf Technical Services to Kelly indicates to create an accident reconstruction Wolf would go see the van at "Stan's Towing." (Plaintiff's Exhibits Nos. 16 & 17.) Accordingly, the evidence permits the inference Kelly still thought he needed the van two and a half years after the accident and the inference Kelly believed Levandoski would still have the van. The evidence supported the inference that Kelly received a benefit from Levandoski.
Final instruction fifteen provided:
A unilateral contract is a promise in exchange for an act - one person promises to do a certain thing if another person performs or forbears from performing a certain act. The offer is accepted when the other person performs the act, or forbears. This acceptance makes the contract complete.
(Appellant's App. at 191.)
Kelly asserts the evidence did not support the giving of this instruction because there was no evidence Levandoski refrained from seeking a salvage title to the van based on the discussion between Kelly and Levandoski. Kelly again fails to acknowledge the facts most favorable to Levandoski. Levandoski testified he would have sought a salvage title within thirty to sixty days if Kelly had not asked him to keep the van. (See id. at 164-66.) Accordingly, the evidence supported this instruction.
Final instruction seventeen stated:
You are instructed that it is the law in Indiana that an attorney, of a disclosed client, who actively seeks another's services in conn
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