Legal Opinion · Concurring in part, dissenting in part

Coffman v. PSI Energy, Inc.

Indiana Court of Appeals

Decided September 30, 2004No. 67A01-0401-CV-35Published

1Concurring in part, dissenting in partBailey, Judge

I concur in result with the majority's conclusion that the trial court properly granted summary judgment to Rumpke and write separately on that issue because I believe that Rumpke is entitled to summary judgment on the basis that it owed *530no duty to Carl as an independent contractor. With respect to all other issues and Appellees, I respectfully dissent with the majority's analysis.

First, unlike the majority, I believe that the bulk of the Coffmans' claims against the Appellees sound in negligence. Ordinarily, summary judgment is inappropriate in negligence cases. Kennedy v. Guess, 806 N.E.2d…

2Cases cited26 opinions

  1. Jarboe v. Landmark Community Newspapers of Indiana, Inc.Indiana Supreme Court · 1994
  2. Miller v. GrieselIndiana Supreme Court · 1974
  3. Northern Indiana Public Service Co. v. SharpIndiana Supreme Court · 2003
  4. Paragon Family Restaurant v. BartoliniIndiana Supreme Court · 2003
  5. John W. WHITTED, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, and New United Motor Manufacturing, Inc., Defendants-AppelleesCourt of Appeals for the Seventh Circuit · 1995

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