Thе Indiana Department of Highways ("'the State") appeals the trial court grant of Julianne Naumann's motion to correct error. Naumann prevailed on her motion after the jury returned a verdict in favor of the State in Naumann's tort claim action. 1 The State raises four allegations of trial court error for our review, but our determination of the first issue makes it unnecеssary for us to address the remaining claims. The sole issue we review today is whether the trial court erroneously granted Naumann's motion to correct error.
Reversed.
On February 19, 1984, Naumann was driving north on U.S. 41 in Nеwton County on her return home to Wisconsin, having just completed a visit with her daughter at Indiana State University in Terre Haute. Her husband was in the front passenger seat, and another daughter sat in the back seat. As Naumann entered the intersection of U.S. 41 and State Road 10, a pickup truck driven by Mike Russell was proceeding through the intersection from the west. Russell entered the intersection on a green light, but failed to clear the intersection by the time the light for motorists on U.S. 41 turned green because the heavy load in the back of his truck prevented him from accelеrating quickly. Naumann's car collided with the pickup, and the occupants of both vehicles sustained injuries.
Naumann sued the Department of Highways, claiming the State's improper design and maintenance of the traffic control devices at the intersection proximately caused the accident. The State defended, *995 in part, on the theory that Naumann was cоntributorily negligent for failing to avoid the accident despite her unobstructed view of the intersection. This argument persuaded the jury, which returned a verdict against Naumann. 2
In her motion to correct error, Nau-mann contended that the verdict was against the weight of the evidence and contrary to law, arguing that her view of the accident scene was irrelevant beсause she had the right-of-way and operated her vehicle within the posted speed limit. The trial court agreed that the verdict was against the weight of the evidence and cleаrly erroneous as contrary to or not supported by the evidence. The court then entered a judgment of liability against the State on Naumann's claim, and set the issue of damages fоr retrial.
A trial court will enter judgment under TR. 59(J)(7) only when it determines that the jury's verdict is clearly erroneous as contrary to law or not supported by the evidence. American Optical Co. v. Wiedenhamer (1983), Ind.,
must view only the evidence favorable to the non-moving party and the reasonable inferences to be drawn from that evidence. The trial court may enter judgment only if there is nо substantial evidence or reasonable inference to be adduced therefrom to support an essential element of the claim, i.e., the evidence must point unerringly to а conclusion not reached by the jury. McCague v. New York, Chicago & St. Louis R.R. (1946),225 Ind. 83 ,71 N.E.2d 569 ,73 N.E.2d 48 . This is the same standard which applies to a motion for judgment made at the conclusion of the evidence, i.e., there must be a complete failure of proof.
Id. at 421,
The State argues that the trial cоurt improperly engaged in weighing the evidence in granting judgment to Naumann on liability. We agree. It appears the trial court transposed the separate requirements for speсial findings set forth in T.R. 59(J). That portion of the rule upon which the State relies provides:
When a new trial is granted because the verdict, findings or judgment do not accord with the evidence, the court shall make special findings of fact upon each material issue or element of the claim or defense upon which a new trial is granted. Such finding shall indicate whether the decisiоn is against the weight of the evidence or whether it is clearly erroneous as contrary to or not supported by the evidence; if the decision is found to be against the weight of the еvidence, the findings shall relate the supporting and opposing evidence to each issue upon which a new trial is granted; if the decision is found to be clearly erroneous as contrary to or not supported by the evidence, the findings shall show why judgment was not entered upon the evidence.
TR. 59(J).
In its ruling, the trial court determined:
*996 (5) That the State of Indiana had the burden of showing contributory negligence on behalf of Julianne Naumann, and the jury was so instructed.
(6) That the jury's verdict of contributory negligence is against the weight of the evidence.
(7) The supporting evidence that Julianne Naumann was nоt contributorily negligent is:
(A) Her testimony that she had the green light when she entered the intersection. Julianne testified that as she approached the intersection she had kicked off her сruise control, the light turned green and she resumed her cruise control. That she was going 58 to 55 mph. That when she entered the intersection she saw a vehicle out of the corner of her eye. She turned the wheel but couldn't avoid hitting the vehicle, which was later determined to be the Russell pickup. The pickup had come from the west on S.R. 10.
(B) As a matter of law, Julianne Naumann had the right of way because she had the green light and further she did not have a duty to look to the left and to the right to see if any approaching traffic was going to violate the law. [citations omitted].
(8) That the evidence supporting a finding of contributory negligence could be as follows:
(A) The fact that the visibility at the intersection was clear and there was no obstructiоns in the meridian [sic] that would have blocked Julianne's view of the Russell pickup as it came into the intersection.
(B) That Julianne was traveling 58 to 55 mph and that she had her cruise control engaged; the speed limit was 55 mph.
(C) That Julianne saw the Russell pickup when she was two to three of her car lengths away (Horizon size), and she did not brake but just turned the wheel to avoid the collision.
(D) The Court incorporates by reference the Transcript of Julianne Nau-mann's cross-examination, a transcript of which has been filed with the Court. That the only evidence of Julianne's сontributory negligence is contained in her cross-examination.
Record, pp. 217-18.
The evidence of contributory negligence referred to by the court includes Nau-mann's testimony that she was only 50 yards or sо away from the intersection traveling at 55 mph when her traffic signal changed from red to green, and that she did in fact look to her left and right prior to entering the intersection. 3
Thus, while TR. 59(J) requires special findings relating the supporting and opposing evidence on each issue upon which a new trial is granted, the trial judge in this case articulated the supporting and opposing evidence on the issue upon which he granted judgment, namely, liability. The findings demonstrate that the trial court engaged in the proscribed conduct of weighing evidence in the consideratiоn of whether to grant judgment contrary to the verdict. See Huff, supra. The trial court, concluding on the basis of the findings that the verdict was against the weight of the evidence, was only authorized to grant a new trial on the issue of liability,. The entry of judgment was inappropriate. See id. For these reasons, the trial court grant of Naumann's motion to correct error must be reversеd. See also State v. Haines (1989), Ind.App.,
*997 Accordingly, this cause is reversed and remanded with instructions for the trial court to order a new trial as to all issues with respect to Julianne Naumann.
Notes
. See IND.CODE 34-4-16.5-1, et seq. (1988).
. Because the Comparative Fаult Act does not apply to tort claims against a governmental entity, see IC 34-4-33-8, contributory negligence operates to bar recovery in actions brought under the Tort Claims Act. Governmental Intsurance Exchange v. Khayyata (1988), Ind.App.,
. We do not imply by this statement that Nau-mann had a duty to maintain a lookout for vehicles which may be violating the law. See Berg v. Glinos (1989), Ind.App.,