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Isa v. Adams

Court of Appeals of Indiana

March 12, 2014

ARAFAT ISA, Appellant-Plaintiff,
v.
CATHERINE A. ADAMS, CHRISTOPHER J. PERRY, and STATE FARM INSURANCE COMPANY, Appellees-Defendants

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE PORTER SUPERIOR COURT. The Honorable William E. Alexa, Judge. Cause No. 64D02-1008-CT-8994.

ATTORNEY FOR APPELLANT: HAWK P.C. KAUTZ, Hobart, Indiana.

ATTORNEYS FOR APPELLEES: TIMOTHY M. SWAN, GARAN LUCOW MILLER, Merrillville, Indiana, JASON L. HORN, Crown Point, Indiana.

NAJAM, Judge. BAKER, J., concurs. CRONE, J., dissents with separate opinion.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE

Arafat Isa appeals the trial court's entry of judgment on the evidence in favor of Catherine A. Adams, Christopher J. Perry, and State Farm Insurance Company (collectively " the Defendants" ) on Isa's complaint seeking damages arising from a multi-vehicle collision. Isa presents a single issue for review, namely, whether the trial court erred when it granted the Defendants' oral motion for judgment on the evidence.

We affirm.

FACTS AND PROCEDURAL HISTORY

On the evening of February 5, 2010, Isa was driving westbound on I-94 in Porter County in a Chevrolet Impala owned by his father. The night was dark, it was snowing, and the road was slick. Ahead of Isa and also traveling westbound, Adams was driving a Cadillac Deville, and Jasmine N. Schirato was driving a Dodge Caravan (" the minivan" ). Christopher Perry was driving a Dodge Charger and was also traveling westbound in the vicinity.

Around the 31.5-mile marker, I-94 westbound is three lanes wide, with a shoulder at the far left and beyond that a median barrier. As drivers neared that mile marker, their vehicles began to lose control on the slick road, resulting in several collisions. While traveling eastbound on I-94, Trooper Glenn Katayama of the Indiana State Police observed the westbound traffic backed up, so he turned around and located the collision site. He secured the area and found Isa, who was injured, in one of the vehicles involved. Trooper Katayama tried " to make sure he [Isa] was okay until the paramedics that came in the ...


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