Charles R. Whitlock v. Steel Dynamics, Inc.

“The issue of unsoundness of mind is ordinarily a question for the trier of fact.” Collins v. Dunifon, 163 Ind.App. 201, 208, 323 N.E.2d 264, 269 (1975). I believe the affidavits from Kristina and Gaultney were sufficient to create such a question of fact for the jury. As that makes summary judgment inappropriate, I must respectfully dissent.

Summary judgment is “not a summary trial.” Hughley v. State, 15 N.E.3d 1000, 1004 (Ind.2014). Nor is it “appropriate merely because the non-movant appears unlikely to prevail at trial.” Id. “In essence, Indiana consciously errs on the side of letting…