Lifeline Youth & Family Services v. Installed Building Products, Inc. d/b/a Momper Insulation, 2013 Ind. App. LEXIS 445

Lifeline appeals the trial court’s denial of its motion to correct error after a jury verdict in Lifeline’s favor against Momper Insulation.
The jury awarded Lifeline $154,144.65, with Lifeline at 45% fault and Momper at 55% fault; the verdict form also showed Momper breached its contract.
The trial court instructed against applying comparative fault to Lifeline’s contract damages.
Lifeline sought to increase damages to $280,263, aligning with the contract-breach finding.
Lifeline argues the jury’s contract-damages calculation should be amended based on the contract-breach finding, while Momper contends the verdict on breach and damages should not be conflated.
The court held Lifeline waived its damages challenge due to lack of a trial transcript and affirmed the denial of the motion to correct error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly denied Lifeline’s motion to correct error to increase damages.	Lifeline; Momper breached contract and total contract damages should be $280,263.	Damages determined by the jury on negligence and contract are not to be conflated; no basis to increase.	No; court affirmed denial; waiver due to missing transcript; damages unchanged.

Paragon Family Restaurant v. Bartolini, 799 N.E.2d 1048 (Ind. 2003) (abuse of discretion standard for motions to correct error)
Perkinson v. Perkinson, 989 N.E.2d 758 (Ind. 2013) (abuse-of-discretion review for trial-court rulings)
Sears Roebuck and Co. v. Manuilov, 742 N.E.2d 453 (Ind. 2001) (deference to jury-damages determinations; cannot substitute own view)
Tincher v. Davidson, 762 N.E.2d 1221 (Ind. 2002) (special verdicts/interrogatories; consistency with general verdicts)
Parke State Bank v. Akers, 659 N.E.2d 1031 (Ind. 1995) (Indiana does not recognize comparative causation in breach of contract)