WELDY v. KLINE

No. 50A03-9211-CV-368.

616 N.E.2d 398 (1993)

James WELDY, Appellant-Defendant, v. Mary Elizabeth KLINE, Personal Representative of the Estate of George E. Kline, Deceased, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

Rehearing Denied September 30, 1993.


Attorney(s) appearing for the Case

Robert D. Lee, William T. Webb, Hardig, Lee & Groves, South Bend, for appellant-defendant.

Charles Gregory Read, Ronald L. Davis, Vissing, Read, Davis, Byrne, Mosley & Miller, Jeffersonville, for appellee-plaintiff.


GARRARD, Judge.

This is an interlocutory appeal from the denial of a Trial Rule 12(B)(1) motion to dismiss for lack of subject matter jurisdiction, or in the alternative, a motion for summary judgment.

The facts in this case reveal that on August 27, 1989, M.P.I., Inc. (MPI) held a party for employees who worked at its Goshen, Indiana, Holiday Inn. Defendant James E. Weldy (Weldy) and decedent George E. Kline (Kline) were both employed by MPI at the time of...

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