Wedel v. American Electric Power Service Corp.

OPINION

CHEZEM, Judge.

Case Summary 1

Plaintiff-Appellant, Connie S. Wedel (“Beshear”), 2 appeals the trial court’s order granting partial summary judgment in favor of Defendant-Appellee, American Electric Power Service Corporation (“AEP”). Judgment was entered “Re: Perpetuities Issues” with the express determination that there is not just reason for delay pursuant to Trial Rule 56(C). We affirm in part and reverse in part.

Issue

Beshear raises several issues in this appeal: 1) whether the failure to plead an affirmative defense is a waiver of the issue in a subsequent suit between the parties; 2)…