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Hawkins v. Cannon5/2/2005
FOR PUBLICATION
STATEMENT OF CASE
Appellant-Defendant, Bradley R. Hawkins (Hawkins), appeals the trial court's denial of his Motion to Correct Error, affirming its judgment in favor of Appellee-Plaintiff, Margaret A. Cannon (Cannon).
We affirm.
ISSUES
Hawkins raises two issues on appeal, which we consolidate into one and restate as follows: whether the trial court erred in denying his Motion to Correct Error.
FACTS AND PROCEDURAL HISTORY
On July 14, 1998, at approximately 6:00 p.m., Cannon was driving southbound on Walnut Street in Bloomington, Indiana. While Cannon was completely stopped at a stoplight, she was rear ended by Hawkins. Upon impact, Cannon's forehead hit the top of the steering wheel. When Bloomington Police Officer J.D. Witmer (Officer Witmer) arrived at the scene of the accident at approximately 6:12 p.m., Hawkins stated that he had briefly taken his eyes off the road and when he looked up traffic was stopped. He added that he tried to stop but was unable to avoid hitting the back of Cannon's car. As a result of the accident, Cannon suffered soft tissue damage to her neck and lower back.
On March 8, 2000, Cannon filed a complaint for damages against Hawkins for injuries suffered as a result of the accident. On October 14 through October 15, 2003, a jury trial was held. At the close of the evidence, the jury returned a verdict in Cannon's favor and assessed damages in the amount of $600,000. Subsequently, on November 13, 2003, Hawkins filed a motion to correct error. On December 15, 2003, Cannon filed a brief in opposition to the motion to correct error to which Hawkins replied on January 5, 2004. On January 29, 2004, the trial court held a hearing on the motion. After taking the matter under advisement, the trial court denied Hawkins' Motion to Correct Error on February 23, 2004.
Hawkins now appeals. Additional facts will be provided as necessary.
DISCUSSION AND DECISION
I. Motion to Correct Error
A. Standard of Review
Hawkins contends that the trial court abused its discretion by denying his Motion to Correct Error. A trial court has discretion to grant or deny a motion to correct error and we reverse its decision only for an abuse of that discretion. In re Marriage of Dean, 787 N.E.2d 445, 447 (Ind. Ct. App. 2003), trans. denied. An abuse of discretion occurs when the trial court's decision is against the logic and effect of the facts and circumstances before the court or if the court has misinterpreted the law. Id.
B. Final Instruction on Proximate Cause
In his Motion to Correct Error Hawkins first argues that the trial court erred in giving final instruction seven to the jury because the instruction misstated the law on proximate cause. Specifically, Hawkins maintains that it was error for the trial court not to include the phrase "substantial factor" in final instruction seven. When an instruction is challenged as an incorrect statement of the law, our review of the ruling is de novo. Phoenix Natural Res., Inc. v. Messmer, 804 N.E.2d 842, 846 (Ind. Ct. App. 2004), reh'g denied. In determining whether error resulted from the giving of an instruction, we use the following three prong test: (1) whether the tendered instruction correctly states the law; (2) whether there is evidence in the record to support giving the instruction; and (3) whether the substance of the instruction is covered by other instructions which are given. R.R. Donnelley & Sons Co. v. North Texas Steel Co., Inc., 752 N.E.2d 112, 139 (Ind. Ct. App. 2001), reh'g denied.
In the instant case, the trial
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