Mortgage Consultants, Inc. v. Mahaney

ON PETITION TO TRANSFER

SELBY, Justice.

This appeal concerns whether the trial court erred in granting summary judgment in favor of Mahaney on his claim for wages and damages as an employee under Ind.Code § 22-2-5-2, We hold that because there is a genuine issue of material fact with respect to whether Mahaney was an employee or an independent contractor, the trial court erred in granting summary judgment. We affirm the granting of summary judgment with regard to the amount of commission owed to Mahaney.

I

Summary judgment is inappropriate when there is a genuine issue of material fact, or when…