Pier 1 Imports (U.S.), Inc. v. Acadia Merrillville Realty, L.P. and Boyd Construction Company, Inc.

I respectfully dissent from the majority’s conclusion that Pier 1 did not have a practical opportunity to object to the motions for summary judgment by co-defendants Acadia and Boyd prior to those parties’ dismissal.

As the majority notes, in U-Haul Intern., Inc. v. Nulls Machine and Mfg. Shop, this court held that, under Indiana’s Comparative Fault Act, “the dismissal of a co-defendant from a case subjects remaining defendants to greater potential liability” and that “this is sufficient prejudice to confer standing upon a co-defendant to appeal such a ruling.” 736 N.E.2d 271, 280…