SPEEDWAY SUPERAMERICA, LLC v. HOLMES

No. 45S05-0711-CV-528.

885 N.E.2d 1265 (2008)

SPEEDWAY SUPERAMERICA, LLC, Appellant (Defendant below), v. Gerald And Madeline HOLMES, Appellees (Plaintiffs below).

Supreme Court of Indiana.

May 15, 2008.


Attorney(s) appearing for the Case

Peter J. Rusthoven, Joseph G. Eaton, Paul L. Jefferson, Indianapolis, IN, Attorneys for Appellant.

Kevin C. Schiferl, Lucy R. Dollens, Indianapolis, James D. Johnson, Evansville, IN, Attorneys for Amicus Curiae Defense Trial Counsel of Indiana.

Robert J. Palmer, Mishawaka, Steven T. Parkman, Richard L. LaSalvia, South Bend, IN, Attorneys for Appellees.


On Petition to Transfer from the Indiana Court of Appeals, No. 45A05-0506-CV-332.

BOEHM, Justice.

In this case the prevailing party at trial discovered potentially highly relevant and favorable evidence ten days before trial but did not communicate the discovery to the opposing party until the first day of trial. The evidence was admitted, but posttrial testing revealed that the evidence was not what it was represented to be. Under these circumstances, we...

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