Martin v. Rinck

CONOVER, Presiding Judge.

STATEMENT OF THE CASE 1

Plaintiff-Appellant Imogene Martin (Martin), administratrix of the estate of Roy Glenn Martin, appeals the grant of Defendant-Appellee Larry G. Rinek's (Rinck) motion for summary judgment, Ind. Rules of Procedure, Trial Rule 56, as a preliminary determination under IND. CODE 16-9.5-10-1. 2

We reverse.

ISSUES

Martin presents four issues for our review. Since we reverse, we address only the following restated issue:

whether the trial court erred in granting a motion for summary judgment when there remained unresolved material issues of fact.

FACTS

The…