Wabash Grain, Inc. v. Smith

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE On May 14, 1993, Robert E. Smith suffered personal injuries while inspecting grain in a grain elevator operated by C & S Grain Co., Inc., an Indiana corporation (“C & S of Indiana”). In January of 1994, C & S of Indiana changed its name to Wabash Grain, Inc. (“Wabash Grain”). On May 4, 1995, Smith filed a complaint for damages in the United States District Court for the Southern District of Indiana, Terre Haute Division, which named three defendants, including C & S Grain Co., Inc., an Illinois corporation (“C&S of Illinois”).

On June 22, 1995, Smith…