Lydia Lanni v. National Collegiate Athletic Association, 989 N.E.2d 791

Lanni, a spectator, was injured at an NCAA-sanctioned fencing match at Notre Dame.
She sued the NCAA, Notre Dame, and USFA for negligence in hazard analysis, official selection/supervision, and ongoing supervision.
NCAA moved to dismiss and for summary judgment on April 3, 2012, attaching Shaul’s affidavit.
The trial court converted the 12(b)(6) motion to a summary judgment motion and denied discovery opportunities.
A special judge was appointed; discovery stayed; hearing occurred on July 9, 2012, and summary judgment was granted in NCAA’s favor.
Lanni appeals, challenging notice of conversion and the denial of a motion to strike Shaul’s affidavit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred in converting 12(B)(6) to summary judgment without proper notice	Lanni asserts lack of notice and opportunity to conduct discovery	NCAA argues proper conversion under Rule 12(B) and that discovery remained limited	Conversion proper; but remand for lack of opportunity to present discovery materials
Whether the court abused its discretion by not striking Shaul’s affidavit	Shaul’s affidavit is self-serving and lacks foundation	Affidavit credible and based on personal knowledge	No abuse of discretion; affidavit admissible

Azhar v. Town of Fishers, 745 N.E.2d 947 (Ind. Ct. App. 2001) (guides on notice and discovery when converting 12(B)(6) to summary judgment)
Carrell v. Ellingwood, 423 N.E.2d 630 (Ind. Ct. App. 1981) (reversible error if no opportunity to present Rule 56 materials after conversion)
Foster v. Littell, 293 N.E.2d 790 (Ind. Ct. App. 1973) (trial court must allow opportunity to present 56 materials after conversion)
Boggs v. Tri-State Radiology, Inc., 730 N.E.2d 692 (Ind. 2000) (summary judgment not to be granted while discovery pending)
Ayres v. Indiana Heights Volunteer Fire Department, 493 N.E.2d 1229 (Ind. 1986) (factors for determining prejudice from lack of notice in conversion)