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COA dismisses car-crash claim for lack of jurisdiction

October 20, 2016

A lawsuit filed after a car crash on Interstate 65 allegedly caused by an intoxicated driver was dismissed by the Indiana Court of Appeals Thursday, which ruled it lacked jurisdiction in a case the trial court appeared to dismiss after an appeal was filed.

The Marion Superior Court dismissed the lawsuit, ultimately ruling that motorist Shanna Kennedy had not filed her complaint against James A. McGee within the two-year statute of limitations. That ruling came as the instant case, an interlocutory appeal, was pending before the Court of Appeals.

“In short, the procedures employed did not result in a final judgment, that is, one which disposes of all claims as to all parties. With no final judgment before us, we dismiss the interlocutory appeal,” Judge L. Mark Bailey wrote for the panel in James A. McGee v. Shanna Kennedy, 49A04-1605-CT-1076


 

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