Elza v. Liberty Loan Corp.

ON PETITION TO TRANSFER

I must respectfully dissent from this Court’s refusal to grant the Elzas’ petition to transfer, wherein they seek review of the memorandum decision of the Second District Court of Appeals, Elza et al. v. Liberty Loan Corporation, 422 N.E.2d 760 (1981) (Sullivan, J., concurring with opinion). There, on the basis of Boden v. Del-Mar Garage, (1933) 205 Ind. 59, 185 N.E. 860, and what is commonly characterized as the “impact” rule, the Court of Appeals affirmed the partial summary judgment granted Liberty Loan Corporation. For reasons explained hereinafter, I would grant…