Cornell Harbison Excavating, Inc. v. May

CONOVER, Presiding Judge.

Defendant-Appellant Cornell Harbison Excavating, Inc. (Harbison) appeals the trial court’s decision to strike its nonparty defense in this suit filed against it by Greg and Cherie May (Mays).

We affirm.

Harbison presents two issues for our review. Restated, they are:

1. whether, a party pleading the Indiana Comparative Fault Act’s nonparty defense must specifically name the nonparty, and

2. whether Indiana Rules of Procedure, Trial Rule 12(F) is a proper method to challenge an improperly pled nonparty defense.

The Mays were driving their car when a dog ran onto the roadway…