Estate of Robinson by Robinson v. C&I Leasing, Inc.

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Plaintiff-Appellant the estate of James Robinson (Estate) appeals an adverse ruling on its motion to strike affirmative defenses.

We affirm.

ISSUE

Robinson presents one issue for our review, which we restate as: whether the trial court erred in applying Ind.Code 34-4-33-2(a) as amended by P.L. 278-1995.

FACTS AND PROCEDURAL HISTORY

Robinson was an employee of Hall Contracting Company. While working at the premises of C & I Leasing in Indianapolis, Robinson died when a crane he and co-worker Jeff Whitfill were unloading came in contact or near to a high…