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COA: Second amended complaint allowed

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A former Steak 'n Shake employee appealed the trial court's dismissal of his claims of defamation and invasion of privacy against the company, which the Indiana Court of Appeals reversed and remanded today.

In William H. Hart v. Walter C. Webster and The Steak-n-Shake Co.,  No. 49A05-0802-CV-47, William Hart filed a complaint against Walter Webster and The Steak 'n Shake Co., claiming defamation and invasion of privacy against both parties as a result of Webster's investigation of allegations that Hart violated the company's gratuity policy and engaged in unethical relationships with vendors. Hart was cleared of any wrongdoing but claims Webster "maliciously communicated" to other employees, vendors, and people who did business with Steak 'n Shake that Hart had engaged in unethical conduct as vice president of purchasing.

He claimed as a result of the "embarrassment, humiliation, and severe emotional and physical distress" he suffered because of the investigation that he became disabled and couldn't work. Steak 'n Shake fired him as a result.

The defendants filed a joint motion to dismiss; Hart filed an amended complaint. The trial court dismissed Hart's amended complaint without prejudice and ordered him to file another complaint within 15 days. The trial court also denied his motion to reconsider the order of dismissal under Trial Rule 12(B)(6). Then, the court granted the defendant's joint motion to reconsider the ruling on a motion to dismiss under T.R. 12(B)(1) and dismissed Hart's complaint in its entirety, with prejudice. However, the court didn't specify whether it was referring to Hart's original complaint, his amended complaint, the second amended complaint he filed, or all three.

The trial court did properly dismiss Hart's original complaint and amended complaint for lack of subject matter jurisdiction because his claims of suffering emotional and physical distress that made him unable to work fell under the Workers' Compensation Act, which must be ruled on by the Workers' Compensation Board, wrote Judge Patricia Riley.

Although it is unclear if the trial court actually did dismiss the second amended complaint, the trial court erred in dismissing it because in it, Hart made no mention of any physical injury, disability, or impairment, so the Workers' Compensation Act wouldn't apply to the second amended complaint. In that one, Hart claimed damages to his personal and business reputation, humiliation, and emotional injuries.

Hart also wasn't precluded from filing his second amended complaint even though the trial court dismissed his previous ones with prejudice. The appellate court remanded to the trial court for further proceedings on Hart's second amended complaint, beginning with an opportunity for Webster and Steak 'n Shake to file a response, wrote the judge.

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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