Comments on: No goal http://www.kemplog.com/2005/07/22/no-goal/ Life and law in Eastern Indiana Thu, 04 Dec 2008 04:33:18 +0000 http://wordpress.org/?v=2.6 By: Doug http://www.kemplog.com/2005/07/22/no-goal/#comment-107 Doug Wed, 31 Dec 1969 16:00:00 +0000 #comment-107 The cap is being raised under IC 34-13-3-4. For causes of action accruing after 1/1/06 the cap is $500,000. And accruing after 1/1/08 it's $700,000. Any idea why Ball State settled for $300k? Seems like that's the worst they could do - so they might as well try it in an effort to knock the amount down some. Also, since it's a governmental entity, contributory negligence is a defense; comparative negligence wouldn't apply. Intentionally pulling the goal posts down would seem to qualify as contributory negligence. The cap is being raised under IC 34-13-3-4. For causes of action accruing after 1/1/06 the cap is $500,000. And accruing after 1/1/08 it’s $700,000.

Any idea why Ball State settled for $300k? Seems like that’s the worst they could do - so they might as well try it in an effort to knock the amount down some. Also, since it’s a governmental entity, contributory negligence is a defense; comparative negligence wouldn’t apply. Intentionally pulling the goal posts down would seem to qualify as contributory negligence.

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