ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE,
David P. Jones
LaPorte, Indiana Michael P. Blaize
Nick J. Thiros
ATTORNEY FOR APPELLEE
LOCAL UNION NO. 8 OF THE INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES
SUPREME COURT OF INDIANA
INGOLF U. BIEREICHEL, ) ) Appellant (Plaintiff Below ), ) 45S03-9812-CV-815 ) in the Supreme Court v. ) ) 45A03-9708-CV-265 STEVEN SMITH AND LOCAL UNION ) in the Court of Appeals NO. 8 OF THE INTERNATIONAL ) BROTHERHOOD OF PAINTERS AND ) ALLIED TRADES, ) ) Appellees (Defendants Below ). )
Appellant Ingolf Biereichel challenges the trial court's grant
of partial summary judgment in favor of defendant Local Union No.
8 of the International Brotherhood of Painters and Allied Trades.
rulings on the then-existing common law rule of Calvary Baptist
Church v. Joseph, 522 N.E.2d 371 (Ind. 1988). See (R. at 158-62);
Biereichel, 693 N.E.2d at 636-38. Calvary stood for the
proposition that a member of an unincorporated association could
not maintain an action against the association itself for a tort
committed by another member. 522 N.E.2d at 372-75. We have today
abrogated the former common law rule in the case of Hanson v. Saint
Luke's United Methodist Church, No. 49S02-9804-CV-228 (Ind. Dec.
22, 1998), and we now allow such suits. In the wake of Hanson, the
grant of partial summary judgment in favor of Local Union No. 8 on
the grounds of the common law rule is no longer justified.
Dickson, Sullivan, Selby, and Boehm, JJ., concur.
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