In Chesnut v. Roof, 665 N.E.2d 7 (Ind. Ct. App. 1996), the Court of Appeals considered whether the General Assembly intended to apply an amendment to the Comparative Fault Act retroactively. In Chesnut, the plaintiff-passenger filed suit following her injury in a car accident that occurred on January 11, 1993. At the time her cause of action accrued, the plaintiff's father (the driver of the car in which the plaintiff was traveling) could not be deemed a nonparty pursuant to IND. CODE 34-4-33-2 (1996) (repealed by P.L. 278-1998, 221). Section 34-4-33-2, however, was amended in a manner allowing the father to be named a nonparty; the amendment was made effective July 1, 1995. The Court of Appeals observed that the General Assembly had made no express statement that the amendment to section 34-4-33-2 applied retroactively. See Chesnut, 665 N.E.2d at 9. The defendant argued that the act containing the amendment specifically stated that new statutes created by the act applied to only those causes accruing after June 30, 1995, while amendments to existing statues merely became effective July 1, 1995. According to the defendant, because the amendment was not expressly included in the statement of prospective application, the General Assembly intended the amendment in question to have retroactive application. The Court of Appeals disagreed, stating "Case law teaches us that the legislature must explicitly provide for retroactive application." Id. The Court refused to adopt the defendant's suggestion that the "legislature's silence with respect to the amendments is tantamount to an explicit expression of its intention." Id. The Court ultimately concluded that because the General Assembly did not expressly state its intention to apply the amendment retroactively, it must presume that the legislature intended the amendment to section 34-4-33-2 to be applied prospectively only. See id.