RJR Nabisco Holdings, Corp. v. Dunn

ON PETITION TO TRANSFER

SULLIVAN, Justice.

We conclude that an estate is not an "individual plaintiff" under Indiana Trial Rule 75(A)(10) and, therefore, not subject to the preferred venue requirement of that subsection of TR. 75.

Background

The background of this interlocutory appeal, taken in part from the opinion of the Court of Appeals in RJR Nabisco Holdings Corporations v. Dunn (1994), Ind.App., 642 N.E.2d 538, is as follows:

Mildred Wiley, a Grant County resident, died of lung cancer on June 24, 1991. On May 24, 1998, the grant County Circuit Court appointed Phillip Wiley, Mildred's…