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Wednesday, February 22, 2006

Ind. Decisions - Court of Appeals issues two today

In Thomas J. Oshinski v. Northern Indiana Commuter Transportation District, an 18-page opinion, Judge Barnes writes:

Thomas Oshinski appeals the trial court’s grant of summary judgment in favor of the Northern Indiana Commuter Transportation District (“NICTD”). We affirm.

Issues. We address the two dispositive issues, which we restate as: I. whether Oshinski waived his objection to NICTD’s amended affirmative defense by failing to object to such amendment; and II. whether the State of Indiana has given “blanket consent” to be sued in Indiana courts under the Federal Employer’s Liability Act (“FELA”), thus making compliance with the Indiana Tort Claims Act (“ITCA”) unnecessary. * * *

There are no genuine issues of material fact in this case. Based on our holdings, we conclude that NICTD was entitled to judgment as a matter of law. The trial court properly granted summary judgment in favor of NICTD. We affirm.

In Allstate Insurance Company v. Kristina Keltner and Nicholas Keltner, Minors by Parents and Guardians Eric and Andrea Keltner, a 10-page opinion, Judge Barnes writes:
Allstate Insurance Company (“Allstate”) appeals the denial of its motion to intervene in a lawsuit brought against its insured, Lindsay Tozer, by Eric and Andrea Keltner. We affirm. * * *

In light of general principles regarding insurer participation in personal injury litigation of this type and in deference to the trial court’s discretion when ruling on intervention motions, Allstate has not convinced us that the trial court abused its discretion in refusing to allow it to intervene in the lawsuit between the Keltners and Tozer.

Posted by Marcia Oddi on February 22, 2006 12:06 PM
Posted to Ind. App.Ct. Decisions