Martin v. Shea

ROBERTSON, Judge.

This action arose out of a lawsuit initiated on January 14, 1980, by David and Donna Martin (Martins) against Richard Shea (Shea) to recover for personal injuries and loss of consortium. Shea filed a motion to dismiss pursuant to Ind. Rules of Procedure, Trial Rule 12(B)(6), for failure to state a claim, on January 25, 1980, which was denied on March 25, 1980. On January 27, *471981, Shea filed a motion to reconsider his motion to dismiss which was granted on January 28, 1981. The Martins filed an amended complaint on February 9, 1981, which was dismissed upon motion on April…