Herrero v. Cummins Mid-America, Inc.

HANNA, Judge.

Plaintiff, Mary Herrero, appeals from the trial court’s order granting summary judgment in favor of defendants, Cummins Mid-America, Judith Lockhart, and John Jason Herrero, in an action for fraud. Plaintiff is the widow of John W. Herrero, the decedent. The contest is primarily between the decedent’s widow and his son by a former marriage, John Jason Herrero.

The decedent was a pension plan participant and employee of Cummins Mid-America. In March 1987, the decedent and plaintiff executed a beneficiary designation form to reflect a 50%-50% split of the decedent’s pension proceeds…