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OSHINSKI v. NORTHERN INDIANA COMMUTER

No. 45A03-0502-CV-58.

843 N.E.2d 536 (2006)

Thomas J. OSHINSKI, Appellant-Plaintiff, v. NORTHERN INDIANA COMMUTER TRANSPORTATION DISTRICT, Appellee-Defendant.

Court of Appeals of Indiana.

February 22, 2006.

Attorney(s) appearing for the Case

C. Marshall Friedman, P.C., Andrew S. Williams, St. Louis, MO, Dale E. Allen, Merrillville, for Appellant.

Robert A. Welsh, Harris Welsh & Lukmann, Chesterton, for Appellee.

OPINION

BARNES, Judge.

Case Summary

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...

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