Penn Central Corp. v. Buchanan

OPINION

SULLIVAN, Judge

Appellant, Penn Central Corporation (Penn Central), appeals the trial court’s order imposing sanctions against Penn Central resulting from a successful challenge of its notice to depose Appellee, James P. Buchanan (Buchanan).

We reverse.

The sole issue which we address is whether the trial court erred in concluding that Penn Central was not substantially justified in seeking Buchanan’s deposition.

The instant case was before the Boone Superior Court as a result of two competing statewide class actions in Parke and Hamilton Counties involving railroad corridors formerly…