Preview:

ATTORNEY FOR APPELLANT Stephen Gerald Gray Indianapolis, Indiana

ATTORNEY FOR APPELLEE Stephen A. Semotuk Carmel, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 49S02-0606-CV-205 CARSON LUTZ, Appellant (Defendant below), v. ERIE INSURANCE EXCHANGE, AS SUBROGEE OF PAUL MCCORMICK, Appellee (Plaintiff below). _________________________________ Appeal from the Marion Superior Court, No. 49D13-0203-CC-0482 The Honorable S.K. Reid, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 49A02-0503-CV-180 _________________________________ June 8, 2006 Boehm, Justice. A party's pleadings are subject to judicial notice and a fact admitted in a party's pleading may be binding on that party as a judicial admission even if it is not subject to judicial notice. Facts and Procedural History In spring 2001, Kathryn McCormick was in a funeral procession traveling eastbound on Washington Street in Indianapolis. Indianapolis police officer Christopher Morgan had stopped his motorcycle in the intersection of Washington Street and Post Road and was directing traffic as the funeral procession approached. Carson Lutz, traveling southbound on Post Road, entered the intersection and collided with McCormick. McCormick's automobile insurer, Erie Insurance

Exchange, paid $4,533.42 for repair to McCormick's vehicle and then, as subrogee, sued Lutz for that amount. Lutz filed a third party complaint against McCormick asserting that her negligence caused the accident and that he suffered both personal injuries and damage to his vehicle. At trial, McCormick testified on direct examination that she could not recall whether the traffic signal was red or green as she entered the intersection. On cross-examination, Lutz's attorney presented McCormick with her answer to Lutz's complaint in which McCormick admitted that "she entered the intersection against the red light as part of a funeral procession and as directed by the uniformed police officer pursuant to I.C.

Download Carson Lutz v. Erie Insurance Exchange, as Subrogee of Paul McCormick.pdf

Indiana Law