Legal Opinion

Smith v. Gary Public Transportation Corp.

Indiana Court of Appeals

Decided September 25, 2008No. 45A03-0802-CV-61Published

1Opinion of the Court

OPINION

BARNES, Judge.

Case Summary

Emma Smith appeals the trial court’s grant of a motion to dismiss and a motion for summary judgment filed by Gary Public Transportation Corporation (“GPTC”). We affirm in part and reverse in part.

Issue

Smith raises several issues. However, we address one dispositive issue, which we restate as whether the trial court properly granted GPTC’s motion to dismiss because it lacked subject matter jurisdiction.

Facts

On October 20, 2000, Smith was involved in a head-on collision while driving a bus for her employer, GPTC. Smith sustained injuries as a result of the…

2Cases cited5 opinions

  1. GKN Co. v. MagnessIndiana Supreme Court · 2001
  2. Dunn v. Meridian Mutual Insurance Co.Indiana Supreme Court · 2005
  3. Perry v. Stitzer Buick GMC, Inc.Indiana Supreme Court · 1994
  4. Walkup v. Wabash National Corp.Indiana Supreme Court · 1998
  5. ProCare Rehab Services of Community Hospital v. VitatoeIndiana Court of Appeals · 2008

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