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Allstate Insurance Co. v. Hatfield

Court of Appeals of Indiana

March 6, 2015

Allstate Insurance Company as Subrogee of Elaine Weiman, Appellant-Plaintiff,
v.
Cleve W. Hatfield Cleve W. Hatfield, and Michael W. Hatfield, Appellees-Defendants

The Publication Status of this Document has been Changed by the Court from Unpublished to Published April 8, 2015.

Appeal from the Marion County Superior Court; The Honorable Robert R. Altice, Jr., Judge; 49D05-1301-CT-3140.

ATTORNEYS FOR APPELLANT: Robert G. Grant, T. Blake Orner, Grant & Grant, Indianapolis, Indiana.

May, Judge. Barnes, J., and Pyle, J., concur.

OPINION

May, Judge.

[¶ 1] Allstate appeals the denial of its motion to strike and motion for summary judgment. The trial court's denial of the motion to strike violated Indiana Trial Rule 56(C) and, without the document that should have been stricken, there existed no genuine issue of material fact to prevent entry of summary judgment for Allstate.

[¶ 2] We reverse and remand.

Facts and Procedural History

[¶ 3] On March 7, 2012, Cleve Hatfield and Elaine Weiman were involved in an automobile accident that injured Weiman.

Page 248

Allstate was Weiman's insurer, and it paid her $10,000 for medical expenses pursuant to her policy provisions.

[¶ 4] On January 25, 2013, Allstate, as subrogee of Weiman, sued Cleve Hatfield and Michael Hatfield.[1] After a series of extensions and failure to comply with Allstate's discovery requests, the trial court issued an order for sanctions on January 31, 2014, against Cleve[2] for failure to comply with Allstate's discovery requests and declared Cleve at fault for the accident.

[¶ 5] On May 23, 2014, Allstate filed a motion for summary judgment. On June 27, 2014, Cleve filed his response and motion to strike an affidavit Allstate designated in its motion for summary judgment. On July 7, 2014, Allstate moved to strike Cleve's response because it was not filed within the thirty day time limit required by T.R. 56(C). On July 8, the trial court denied Allstate's motion for summary judgment by jacket entry stating, " Court receives and reviews defendant's response to motion to [sic] Summary judgment and motion to strike. The Court now hereby denies plaintiff's motion for summary judgment regarding damages as there are genuine issues of material [sic]. The Court denies [Cleve's] motion to strike." (App. at 7.) The next day the trial court denied Allstate's motion to strike.

[¶ 6] The trial court granted Allstate's motion to certify the matter for interlocutory appeal pursuant to Indiana Appellate Rule 14(B)(1) ...


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