Legal Opinion

Moberly v. Day

Indiana Supreme Court

Decided November 15, 2001No. 07S01-0010-CV-605PublishedCited by 56 opinions

1Opinion of the Court

SHEPARD, Chief Justice.

Appellant Jay Moberly claims Joe Hen-dershot negligently injured him while the two were doing maintenance work at their father-in-law William Day's farm. Moberly wants Day to pay for the injury. The trial court concluded that Hendershot was an independent contractor, and entered summary judgment for Day. We affirm.

Facts and Procedural History

Day owns and operates a farm in Nashville, Indiana. In 1996, he fell ill with meningitis and became unable to do farm work because of ongoing dizziness, weakness, and difficulty walking.

Two of Day's sons-in-law, Moberly and…

2Cases cited13 opinions

  1. Rosi v. Business Furniture Corp.Indiana Supreme Court · 1993
  2. Ayres v. Indian Heights Volunteer Fire Department, Inc.Indiana Supreme Court · 1986
  3. Mullin v. Municipal City of South BendIndiana Supreme Court · 1994
  4. Prest-O-Lite Co. v. SkeelIndiana Supreme Court · 1914
  5. Indiana Department of State Revenue v. Caylor-Nickel Clinic, P.C.Indiana Supreme Court · 1992

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3Cited by56 opinions

  1. Estate of Suskovich v. Anthem Health Plans of Virginia, Inc.Court of Appeals for the Seventh Circuit · 2009
  2. Beatty v. LaFountaineIndiana Court of Appeals · 2008
  3. Walker v. MartinIndiana Court of Appeals · 2008
  4. Blackwell v. Dykes Funeral Homes, Inc.Indiana Court of Appeals · 2002
  5. In re Fedex Ground Package System, Inc.District Court, N.D. Indiana · 2008

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