James Brian Compton v. Mary R. Pletch

James Brian Compton brought a negligence action against Mary R. Pletch stemming from an automobile collision from which Compton
incurred medical expenses and other costs. After a jury trial, Compton was found to be forty percent at fault for the accident.
Finding that the total damage Compton suffered was $26,000, the jury awarded Compton a verdict against Pletch of $15,600. Compton appealed, claiming the trial court erred by failing to give the jury a sudden emergency instruction. The Court of
Appeals determined the doctrine of sudden emergency is still viable in tort actions under the Comparative Fault Act, I.C.
34-4-33-1, et. seq. It held that failure to give the sudden emergency instruction prejudiced Compton. The judgment was reversed
and the cause remanded for new trial. Compton v. Pletch (1990), Ind. App., 561 N.E.2d 803.