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Statehouse, Supreme Court Courtroom, 200 West Washington Street, Indianapolis, IN 46204

After Smiley struck Jennings with her vehicle, Jennings filed suit in the Hamilton Superior Court. The trial court denied Jennings’s motion to compel discovery of Smiley’s cellphone data. A jury found Jennings 90% at fault, thus barring him recovery under Indiana’s comparative fault standard. The Court of Appeals affirmed. Jennings v. Smiley, 224 N.E.3d 996 (Ind. Ct. App. 2023), vacated. The Indiana Supreme Court has granted Jennings’s petition to transfer and assumed jurisdiction over the case.

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