Lydia Lanni v. National Collegiate Athletic Association, et al. - 5/1/13

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Wednesday  May 1, 2013 
2:00 PM  EST

2 p.m. 49A05-1208-CT-392. This cause comes before us as a result of a civil tort action filed by Lydia Lanni (Lanni) against the NCAA, the University of Notre Dame, and the United States Fencing Association.  Lanni, a spectator, was struck in the left eye by a fencing sabre causing a severe injury while at a purportedly NCAA sanctioned fencing match at Notre Dame. The questions presented to this court focus solely on the procedural posture of the case with respect to the NCAA’s combined motion to dismiss for failure to state a claim and/or motion for summary judgment.  Specifically, in her argument Lanni relies on the interplay between Ind. Trial Rule 12(B)(6) and Ind. Trial Rule 56.  Lanni asserts that the trial court erred by not providing adequate notice that it would treat NCAA’s combined motion as a motion for summary judgment and then refused to give her a “reasonable opportunity to present all material made pertinent to such a motion by Rule 56”  See T.R. 12(B).  In a related argument, Lanni asserts that the trial court erred in denying her motion to stay briefing in order to obtain discovery to respond to NCAA’s motion for summary judgment.  Lanni also argues that the trial court erred when it subsequently entered summary judgment in favor of NCAA and denied her request to strike an affidavit, designated by NCAA. 

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