28 N.E.3d 247
Ind. Ct. App.2015Background
- On March 7, 2012, Cleve Hatfield (driver) and Elaine Weiman were in a car accident; Allstate (Weiman’s insurer) paid $10,000 in medical expenses and sued Hatfields as subrogee.
- The trial court entered an Order of Sanctions declaring Cleve at fault for the accident based on his discovery noncompliance.
- Allstate filed a motion for summary judgment seeking the $10,000 in medical payments; Cleve filed a response 35 days after service (no extension requested).
- Allstate moved to strike Cleve’s late response under Ind. Trial Rule 56(C); the trial court denied the motion to strike and denied summary judgment, finding genuine issues as to damages.
- Allstate appealed interlocutorily; the Court of Appeals reviewed whether the trial court abused discretion in denying the motion to strike and whether summary judgment should have been entered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of response under T.R. 56(C) | Allstate: Cleve’s response was untimely (filed after 30 days) and should be stricken | Cleve: (no brief filed on appeal; trial-court position was to deny strike) | Court: Prima facie error—response untimely; trial court abused discretion in denying motion to strike |
| Effect of striking defendant’s response on summary judgment | Allstate: Without Cleve’s response, only Allstate’s evidence of medical payments remains and there is no genuine issue of material fact | Cleve: (no opposing appellate brief to contest substance) | Court: With untimely response stricken, no genuine issue exists; summary judgment should have been granted for Allstate |
Key Cases Cited
- Thurman v. Thurman, 777 N.E.2d 41 (Ind. Ct. App. 2002) (appellee’s failure to file brief permits application of relaxed standard and reversal for prima facie error)
- HomEq Servicing Corp. v. Baker, 883 N.E.2d 95 (Ind. 2008) (if nonmovant does not respond within 30 days, circuit court cannot consider subsequent filings)
- Hughley v. State, 15 N.E.3d 1000 (Ind. 2014) (standard for reviewing summary judgment de novo; burden-shifting framework)