Kathryn Davidson v. State of Indiana, et al.

── Kathryn Davidson v. State of Indiana, et al. ── Case No.: 22S-CT-00318 Court: Indiana Supreme Court Date: June 21, 2023 Author: Justice Geoffrey Slaughter County of Origin: Monroe Category: Civil Decision: Affirmed Justice Rush, Justice Massa, and Justice Molter concur. Justice Goff concurs in result The Indiana Comparative Fault Act does not apply to “tort claims” against government defendants. But it does require the factfinder to consider the fault of “all persons who caused or contributed to cause” the plaintiff’s alleged injury. Here, after obtaining a judgment in Lake County against a non-government defendant for injuries sustained in a highway collision, the plaintiff sued again in Monroe County, seeking relief against other defendants (both government and non-government) for injuries arising out of the same accident.