City of Evansville v. Moore

DICKSON, Justice.

In this action for wrongful death, the trial court denied a motion for summary judgment sought on behalf of the defendant City of Evansville. The defendant’s request to bring this interlocutory appeal was thereafter granted pursuant to Ind.Appellate Rule 4(B)(6) by the trial court and the Court of Appeals. In an unpublished memorandum decision, the Court of Appeals found that the defendant was entitled to summary judgment. 539 N.E.2d 995. Upon the petition of plaintiff-appellee, we grant transfer.

In reviewing the denial of a motion for summary judgment, an appellate court…