101 N.E.3d 850
Ind. Ct. App.2018Background
- On June 20, 2014 Pamela Webb fell when the bottom bleacher step at the Monon Community Center slid; she sued for negligence.
- The Corporation (Carmel Clay Parks Building Corporation) is the recorded owner of the property; the Carmel/Clay Board of Parks & Recreation (Park Board) had management/operation rights under a Sublease/Management Agreement and Interlocal Agreement.
- Webb served a Tort Claim Notice on the City of Carmel on July 7, 2014; Carmel later informed Webb (June 2016) that it did not own or operate the facility and produced documents identifying the Corporation as owner and the Park Board as manager.
- Webb filed her original complaint against Carmel on May 25, 2016 and obtained leave to file an amended complaint naming the Corporation and Park Board on December 30, 2016; neither the Corporation nor the Park Board were served within the two‑year statute of limitations.
- Defendants moved to strike portions of Webb’s summary‑judgment response and for summary judgment; the trial court struck several unsupported assertions and granted summary judgment to Carmel, the Corporation, and the Park Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Whether the trial court abused discretion by striking portions of Webb’s response | Webb: struck statements were factual or reasonably inferable from documents and should have been considered | Defs: the statements lacked admissible evidentiary support and contradicted designated evidence | Court: No abuse; struck unsupported/contradicted assertions under T.R. 56(E) |
| 2. Whether amended complaint relates back to original complaint under T.R. 15(C) for Corp./Park Board | Webb: Amended complaint added identically pleaded claims and the Corp./Park Board had notice (via Carmel/insurer/shared counsel) so amendment relates back | Defs: Corp./Park Board lacked actual or imputed notice within 120 days and were not parties during that period | Court: No relation back; Webb failed to show notice within 120 days, so claims against Corp./Park Board time‑barred |
| 3. Whether Carmel owned/operated the property (liability exposure) | Webb: Disputed characterization; argued Carmel’s handling of the Tort Claim and later insurer appearances showed ownership/operation or at least a genuine fact issue | Carmel: Designated lease/option, interlocal and sublease/management agreements and affidavit showing Corp. owned and Park Board operated the facility | Court: Carmel met prima facie showing it did not own/operate; Webb failed to designate admissible evidence creating a factual dispute; summary judgment for Carmel affirmed |
| 4. Whether sharing counsel or insurer appearances supports imputing notice for relation‑back | Webb: Travelers’ involvement and later counsel appearances show notice and identity of interest | Defs: No evidence parties shared counsel or insurer involvement during the statutorily required 120‑day window | Court: Imputation not warranted; later shared counsel appearance (post‑120 days) insufficient |
Key Cases Cited
- Morris v. Crain, 71 N.E.3d 871 (Ind. Ct. App. 2017) (trial court has broad discretion on admissibility and motions to strike affidavits)
- Reed v. City of Evansville, 956 N.E.2d 684 (Ind. Ct. App. 2011) (T.R. 56(E) requires affidavits be based on personal knowledge and admissible evidence)
- Abbott v. Bates, 670 N.E.2d 916 (Ind. Ct. App. 1996) (nonmovant may not rely on pleadings to defeat summary judgment)
- FLM, LLC v. Cincinnati Ins. Co., 973 N.E.2d 1167 (Ind. Ct. App. 2012) (standard of review for summary judgment)
- Raisor v. Jimmie’s Raceway Pub., Inc., 946 N.E.2d 72 (Ind. Ct. App. 2011) (relation‑back under T.R. 15(C) explained)
- Porter Cnty. Sheriff Dep’t v. Guzorek, 857 N.E.2d 363 (Ind. 2006) (notice for relation‑back may be actual or constructive; identity of interest or shared counsel can support imputation)
- Brown v. Vanderburgh Cnty. Sheriff’s Dep’t, 85 N.E.3d 866 (Ind. Ct. App. 2017) (onus is on claimant to sue proper party within statute of limitations)