City of Gary v. Archer

City of Gary v. Walter Archer

City of Gary v. Archer, 300 N.E.2d 687 (Ind. Ct. App. 1973)

Court: Indiana Court of Appeals · State Appellate Courts
Decided: September 6, 1973
Docket: No. 3-1072A77
Judges: Staton
Citations: 300 N.E.2d 687157 Ind. App. 4771973 Ind. App. LEXIS 1039

Cited by 12 2 descriptions by later courts

Opinion — Staton

Staton, J.

Archer received a jury verdict of Thirty-Five Thousand Dollars ($35,000.00). Twenty-One Thousand Dollars ($21,000.00) of the judgment was an award of punitive damages. His action against the City of Gary and one of its police officers was for assault and battery, false arrest, false imprisonment and malicious prosecution. Punitive damages were requested. The City’s answer was a general denial and self-defense. After closing argument, the jury was given instructions six (6), seven (7) and nine (9) which related to punitive damages. No objection was made by the City to any of these instructions. The first objection to punitive *478 damages being requested by Archer in his complaint or instructions was on appeal in the City’s motion to correct errors.

The issue attempted to be raised here for the first time on appeal is whether it is against public policy for the jury to award punitive damages against a municipality. Before reaching this issue, we must first determine whether the City waived the issue by failing to make any objection before or during trial.

Appeal of alleged errors during trial must be based upon an objection timely made during the trial.

Dudley Sports Co.

v. Schmitt (1972), 151 Ind. App. 217 , 279 N.E.2d 266 . This Court is without jurisdiction to consider questions raised for the first time on appeal.

Aocker v. Buell (1970), 147 Ind. App. 422 , 261 N.E.2d 894 ;

Monon Railroad v. New York Central Railroad Company (1967), 141 Ind. App. 277 , 227 N.E.2d 450 .

Therefore, we must conclude that the City’s proposed issue of error has been waived. The judgment of the trial court should be and the same hereby is affirmed. Hoffman, C.J. and Sharp, J., concur.

Note. — Reported at 300 N.E. 2d 687 .

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

(this court is without jurisdiction to consider questions raised for the first time on appeal)

Lytle v. Ford Motor Co., 696 N.E.2d 465 (Ind. Ct. App. 1998)

Cited by 12 cases

View all citing references →

Relies on it most ⓘ

Van Orman v. State416 N.E.2d 1301 (Ind. Ct. App. 1981)
Census Federal Credit Union v. Wann403 N.E.2d 348 (Ind. Ct. App. 1980)
Lytle v. Ford Motor Co.696 N.E.2d 465 (Ind. Ct. App. 1998)
Behme v. Behme519 N.E.2d 578 (Ind. Ct. App. 1988)
Tutwiler v. Snodgrass428 N.E.2d 1291 (Ind. Ct. App. 1981)
Turner v. Sheriff of Marion County94 F. Supp. 2d 966 (S.D. Ind. 2000)

Most recent

Turner v. Sheriff of Marion County94 F. Supp. 2d 966 (S.D. Ind. 2000)
Lytle v. Ford Motor Co.696 N.E.2d 465 (Ind. Ct. App. 1998)
Boruff v. Boruff602 N.E.2d 180 (Ind. Ct. App. 1992)
Behme v. Behme519 N.E.2d 578 (Ind. Ct. App. 1988)
Bud Wolf Chevrolet, Inc. v. Robertson508 N.E.2d 567 (Ind. Ct. App. 1987)
Bud Wolf Chevrolet, Inc. v. Robertson496 N.E.2d 771 (Ind. Ct. App. 1986)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Dudley Sports Co. v. Schmitt, 279 N.E.2d 266 (Ind. Ct. App. 1972)	62
	Monon R.R., Etc. v. Ny Cent. R. Co., 227 N.E.2d 450 (Ind. Ct. App. 1967)	15
	Aocker v. Buell, 261 N.E.2d 894 (Ind. Ct. App. 1970)	5

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