Sudderth v. White

GUDGEL, Judge.

This is an appeal from a summary judgment and a cross-appeal from an order dismissing cross-claims which were entered by the Warren Circuit Court in a wrongful death action. Appellant contends that the court erred by striking two affidavits filed by him in opposition to the motion for summary judgment; and by determining that absent the affidavits no genuine issue of material fact existed which precluded the granting of a summary judgment as a matter of law. On cross-appeal, the cross-appellants contend that the court erred by denying their motion to dismiss the action on the…