JC Penney Co., Inc. v. Wesolek

STATON, Presiding Judge.

ON PETITION FOR REHEARING

Although we have denied without opinion the petition for rehearing submitted by J.C. Penney, we have granted the petitions for rehearing submitted by Early Elevator Company and Montgomery Elevator Company to clarify which of the two parties will be involved in the new trial with Wesolek and Penney. Because of our determination, we will address each party separately.

As we stated in our original opinion, 461 N.E.2d 1149, Early Elevator Company (Early) successfully moved for judgment on the evidence. As Early contends, Ind. Rules of Procedure,…