THE BENEVOLENT AND PROTECTIVE ORDER OF ELKS LOCAL v. MOONEY

No. 42A05-9502-CV-43.

673 N.E.2d 766 (1996)

THE BENEVOLENT AND PROTECTIVE ORDER OF ELKS LOCAL 291, Appellant, v. Terry MOONEY and Kathy Mooney, Appellees.

Supreme Court of Indiana.

December 5, 1996.


Attorney(s) appearing for the Case

Gregory S. Carter, Sacopulos, Johnson, Carter & Sacopulos, Terre Haute, for Appellant.

Matt Parmenter, Sturm, Smith & Parmenter, Vincennes, for Appellees.

Prior report: 666 N.E.2d 970 (Ind.App. 1996).


Dissenting from the Denial of Petition to Transfer.

BOEHM, Justice.

I respectfully dissent from the denial of transfer in this case. Because this case comes up on summary judgment we must accept plaintiffs' allegations. They claim that Mr. Mooney was injured by reason of negligence attributable to the local Elks chapter, an unincorporated association, and they also allege that they are without fault. In affirming...

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