Indiana Court of Appeals
Howard Larky v. Camp Livingston, Inc.
24A-CT-1529
Civil tort. Reverses Switzerland Circuit Court Judge’s W. Gregory Coy’s order allowing Camp Livingston, Inc. to amend its answer to include a new affirmative defense of release and the granting of summary judgment to the camp. Finds the trial court abused its discretion by granting the camp’s motion to amend its answer to assert the affirmative defense of release more than five years into the litigation. Also finds that even if the late amendment was proper, the trial court erred in granting summary judgment in favor of the camp. Remands for further proceedings. Attorneys for appellant: Carol Joven, Kenneth Doane, Jr., Jeffrey Flores. Attorneys for appellee: Kevin Schiferl, Maggie Smith.