Indiana Construction Service, Inc. v. Amoco Oil Co.

CONOVER, Presiding Judge.

Defendant-Appellant Indiana Construction Service, Inc. (Indiana Construction) appeals the trial court’s use of Amoco Oil Company’s (Amoco) response to Indiana Construction’s Trial Rule 36 request for admissions in awarding summary judgment in favor of Amoco.

We reverse and remand.

The issue here is

whether a T.R. 36 admission binds the party requesting the admission.

Indiana Construction contracted with Amoco to perform construction and repair work at Amoco’s Whiting refinery. The contract contained an indemnity clause. Robert Nelson (Nelson), an employee of Indiana…