Public-domain · open source
OpenJurist

818 N.E.2d 49

General Motors Corp. v. Sheets

Indiana Court of Appeals

Decided November 22, 2004

Indiana Court of Appeals · decided 2004-11-22

Good law ✅— No negative treatment on recordhow we know

Decided 2004-11-22

How this case has been cited

Cited by 4 later decisions — most recently August 2021

1 federal appellate · 1 state decisions

20200420102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

ROBB, Judge,

¶1concurs with separate opinion.

¶2I concur with the majority in this case, but in result only with respect to its holding regarding the trial court's error in awarding the Sheetses pre-judgment interest. I agree with the majority that because the Sheetses failed to respond to GM's sustained objection to the inclusion of testimony regarding pre-judgment interest, the Sheetses implied that they believed they were not entitled to pre-judgment interest. Therefore, they cannot now take issue with GM's contention that the trial court erred in awarding them preJudgment interest. But I write separately to note that, had the Sheetses responded to GM's objection, they would have been entitled to pre-judgment interest because the damages were clearly ascertainable in accordance with fixed rules of evidence and accepted standards of valuation. For this reason, I concur in result only with respect to the majority's conclusion that the trial court erred in awarding the Sheetses pre-judgment interest.

/818/ne2d/49 · .json · Public domain