Lenhardt Tool & Die Co., Inc. v. Lumpe
Indiana Supreme Court
1DissentBoehm, Justice
I believe we should grant transfer to clarify the standard for summary judgment in Indiana under Trial Rule 56.
On August 22, 1992, an explosion occurred at the Olin Brass factory in Indianapolis injuring Duane Lumpe, who worked for Olin as a “melter.” Olin manufactures brass bars using molds made by Lenhardt, among other firms. Lumpe sued Lenhardt and Lenhardt filed a motion for summary judgment, contending that, after adequate discovery, it was un-controverted that Lumpe could prove neither that Lenhardt manufactured the mold in question nor that the mold was defective. The trial court first…
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