State of Indiana ex rel. Indiana Department of Transportation v. Joshua Dehaven and FBi Buildings, Inc.
2016 Ind. App. LEXIS 379
Ind. Ct. App.2016Background
- On Aug. 25, 2011, FBi employee Joshua DeHaven drove a truck with its crane left upright into an INDOT overpass, damaging the bridge. INDOT inspected and concluded damage was repairable.
- INDOT issued an initial invoice ($75,198.82) and a reduced interim invoice ($58,712.38); Appellees disputed those estimates and retained Elite Consulting, which estimated $15,000–$20,000 in repairs.
- INDOT proceeded with statutorily required bidding; the only qualified bid accepted was Pioneer Associates for $132,200.80, and final repair cost was $131,421.80. INDOT invoiced Appellees for $131,623.05; Appellees refused to pay.
- INDOT sued DeHaven (negligence) and FBi Buildings (vicarious liability) and moved for summary judgment on damages seeking recovery of the actual repair cost.
- The trial court denied INDOT’s summary judgment on the amount of damages, finding a genuine issue of material fact; INDOT appealed interlocutorily and this Court affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether INDOT is entitled, as a matter of law, to recover actual repair costs ($131,421.80) after DeHaven struck the bridge | INDOT: tort victim entitled to be made whole; actual repair cost is the reasonable measure of damages as a matter of law | Appellees: INDOT must mitigate and Appellees may show repair cost evidence is excessive (e.g., lower estimates, bidding results) | Court: Denied summary judgment—genuine issue of material fact exists because Appellees presented competing estimates and mitigation/bidding considerations that preclude awarding the full contract cost as a matter of law |
Key Cases Cited
- Williams v. Tharp, 914 N.E.2d 756 (Ind. 2009) (summary judgment standards and definitions of material/genuine issues)
- First Farmers Bank & Trust Co. v. Whorley, 891 N.E.2d 604 (Ind. Ct. App. 2008) (appellate review standards for summary judgment)
- City of Marion v. Taylor, 785 N.E.2d 663 (Ind. Ct. App. 2003) (prima facie establishment of repair costs shifts burden to defendant to prove damages are less)
- Fisher v. Heymann, 12 N.E.3d 867 (Ind. 2014) (duty to mitigate damages)
- AutoXchange.com, Inc. v. Dreyer & Reinbold, Inc., 816 N.E.2d 40 (Ind. Ct. App. 2004) (utility of trial court findings in summary judgment proceedings)