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Tuesday, April 10, 2012

Ind. Decisions - Court of Appeals issues 1 today (and 1 NFP)

For publication opinions today (1):

In Salsbery Pork Producers, Inc., Richard K. Wilson, Tipton Co. Commissioners, Tipton Co. Highway Department, Chad Bergin, State of Indiana, Indiana Department of Transportation v. Latina Booth, an 11-page opinion, Judge Bailey writes:

Latina Booth, a resident of Tipton County, was injured in a motor vehicle accident on County Road 1100 in Tipton County. Booth filed suit against Salsbery Pork Producers, Inc., Richard K. Wilson, the Tipton County Commissioners and the Tipton County Highway Department, Chad Bergin , and the State of Indiana and the Indiana Department of Transportation (“the State”). Salsbery, Wilson, and the County (collectively, “the Tipton County defendants”) moved for transfer of venue from Marion County to Tipton County. The trial court denied the motion, and this interlocutory appeal followed.
We reverse and remand. * * *

The trial court abused its discretion when it did not drop the State from the case in light of uncontested evidence that the County, and not the State, had possession and control over County Road 1100. Because the State was not properly joined, and because the Tipton County defendants moved for transfer of venue under Trial Rule 12(B)(3), Marion County is not a preferred venue for the case, and we remand this case to the trial court for transfer to Tipton County.

NFP civil opinions today (0):

NFP criminal opinions today (1):

Troy Phillips, Jr. v. State of Indiana (NFP)

Posted by Marcia Oddi on April 10, 2012 12:33 PM
Posted to Ind. App.Ct. Decisions