Averitt Express, Inc. v. State of Indiana ex rel. Indiana Department of Transportation

OPINION

BARTEAU, Senior Judge.

STATEMENT OF THE CASE

Averitt Express, Inc., appeals the trial court’s denial of its motion for summary judgment and grant of summary judgment in favor of the State of Indiana, acting on behalf of the Indiana Department of Transportation (INDOT). We affirm in part, reverse in part, and remand.

ISSUES

Averitt raises two issues, which we expand and restate as:

I. Whether the trial court abused its discretion by denying in part Aver-itt’s motion to strike.

II. Whether the trial court erred in denying Averitt’s motion for summary judgment.

III. Whether the trial court erred…