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LUTZ v. ERIE INS. EXCHANGE

No. 49S02-0606-CV-205.

848 N.E.2d 675 (2006)

Carson LUTZ, Appellant (Defendant below), v. ERIE INSURANCE EXCHANGE, as Subrogee of Paul McCormick, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 8, 2006.

Attorney(s) appearing for the Case

Stephen Gerald Gray, Indianapolis, for Appellant.

Stephen A. Semotuk, Carmel, for Appellee.

BOEHM, Justice.

A party's pleadings are subject to judicial notice and a fact admitted in a party's pleading may be binding on that party as a judicial admission even if it is not subject to judicial notice.

Facts and Procedural History

In spring 2001, Kathryn McCormick was in a funeral procession traveling eastbound on Washington Street in Indianapolis. Indianapolis police officer Christopher Morgan had stopped his motorcycle in the intersection...

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