Legal Opinion
Grand Trunk Western Railroad v. Kapitan
Indiana Court of Appeals
Decided August 19, 1998No. 45A03-9709-CV-336PublishedCited by 16 opinions
1Opinion of the Court
OPINION
GARRARD, Judge.
Grand Trunk Western Railroad Co. and Richard Enos (collectively “Grand Trunk”) appeal the Lake Superior Court’s denial of their motion to dismiss and its grant of Tamera Lee Kapitan’s (“Kapitan”) petition for a preliminary injunction.
We reverse and remand.
FACTS
On November 6, 1988, Kapitan’s husband Rudolph was killed when his car was struck by one of Grand Trunk’s trains. Kapitan filed suit against Grand Trunk in Lake Superior Court, but the case was transferred to the Jasper Circuit Court on April 16, 1990. In her original complaint, Kapitan alleged that Grand Trunk was…
2Cases cited11 opinions
- USA Life One Insurance v. NuckollsIndiana Supreme Court · 1997
- Harp v. Indiana Department of HighwaysIndiana Court of Appeals · 1992
- Hayworth v. Schilli Leasing, Inc.Indiana Supreme Court · 1996
- Pivarnik v. Northern Indiana Public Service Co.Indiana Supreme Court · 1994
- Doughty v. State Department of Public WelfareIndiana Supreme Court · 1954
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3Cited by16 opinions
- GKC Indiana Theatres, Inc. v. Elk Retail Investors, LLC.Indiana Court of Appeals · 2002
- Bernstein v. GlavinIndiana Court of Appeals · 2000
- Noble County v. RogersIndiana Supreme Court · 2001
- Crossmann Communities, Inc. v. DeanIndiana Court of Appeals · 2002
- Burcham v. Metropolitan Board of Zoning Appeals Div. I of Marion CountyIndiana Court of Appeals · 2008
11 more not listed; retrieve them via the Exa API.