The matter involved a claim for wrongful death brought by the Estate of Michael Damore against ISP regarding a motor vehicle collision that occurred on July 1, 2016, near the Portage Toll Plaza, in Lake County, Indiana. At that time, Michael Damore was operating his motorcycle on the Toll Road when he collided with an on-duty ISP Trooper. Michael Damore suffered fatal injuries as a result of the collision.
In its holding, the Court found in favor of ISP on all four issues raised on appeal: (1) the trial court abused its discretion by excluding evidence of Michael Damore’s driving behavior in the minutes before the accident; (2) the trial court abused its discretion by excluding the testimony of the ISP’s expert witness due to an alleged violation of the Court’s order granting the Estate’s motion in limine; (3) the trial court abused its discretion by failing to give two of ISP’s proposed jury instructions; and (4) the Estate failed to present evidence sufficient to establish that Michael Damore’s mother, Denise, was Michael’s dependent, thereby requiring the damages award to be reduced to the maximum permitted by the Adult Wrongful Death Statute.
The Estate has not indicated whether it will seek transfer.