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Keywords

lawsuittortdefendantdamagesliabilitytrialfelony
lawsuitplaintiffdefendantliabilityappealtrialmotionsummary judgmentappellantappelleejury trial

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Kimberlin v. DeLong, 637 N.E.2d 121

Facts

The case arose from a bomb explosion on September 6, 1978, which injured Sandra and Carl DeLong while they were walking through a parking lot. The bomb was concealed in an abandoned gym bag and was placed there by Brett Kimberlin, who was later convicted of related criminal charges. The DeLongs filed a civil suit against Kimberlin, seeking damages for their injuries. Carl DeLong committed suicide in 1983, prompting the addition of a wrongful death claim to the lawsuit.

This lawsuit arises from an explosion on September 6, 1978. Sandra and Carl DeLong were injured while walking through the Speedway High School, Speedway, Indiana, parking lot after leaving a football game when a bomb concealed in an abandoned gym bag exploded.

Issue

The main legal issues included whether Kimberlin's prior criminal conviction could be used as conclusive proof of liability in the civil case, whether Carl DeLong's suicide was an intervening cause that would preclude the wrongful death claim, and whether the trial court erred in allowing an amendment to the complaint to include the wrongful death claim.

Appellant Kimberlin's Petition to Transfer asserts in part that the Court of Appeals erred in giving his prior criminal conviction conclusive effect to establish his civil liability as a matter of law.

Rule

The court ruled that evidence of a criminal felony judgment is admissible in civil actions but is not necessarily conclusive proof of liability. Additionally, a wrongful death action can be maintained for suicide if the defendant's intentional tort was a substantial factor in bringing about the suicide.

As a general rule, when transfer is granted, the entire opinion of the Court of Appeals is vacated, except those portions expressly adopted or summarily affirmed by this Court.

Analysis

The court applied the rule by determining that Kimberlin's criminal conviction could be used to establish liability through collateral estoppel, but it was not conclusive. The court also found that Carl DeLong's suicide, although occurring years after the bombing, was not an independent intervening cause that would absolve Kimberlin of liability, as the intentional nature of Kimberlin's actions was a substantial factor in the suicide.

However, the majority opinion in Hawkins, by implication and without express discussion, also affirmed the civil trial court's use of the criminal trial transcript (not just the final judgment) and entry of final judgment without further evidence at trial.

Conclusion

The Supreme Court affirmed the trial court's judgment, allowing the wrongful death claim to proceed and upholding the damages awarded to Sandra DeLong for her injuries and for the wrongful death of her husband.

Transfer is granted. The judgment of the trial court is affirmed.

Who won?

Sandra DeLong prevailed in the case, as the court upheld the damages awarded to her, finding that Kimberlin's actions were a substantial factor in both her injuries and her husband's subsequent suicide.

Following the trial court grant of plaintiffs-appellees' motion for partial summary judgment on the issue of liability, a jury trial resulted in judgments against defendant-appellant Brett Coleman Kimberlin in the sum of $360,000 for personal injuries to Sandra Sue DeLong and $1,250,000 for the wrongful death of Carl David DeLong.

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