Indiana Court of Appeals
Gregory Brandon v. Caregan Transport Inc.
No. 25A-PL-2294
Appeal from the Wayne Superior Court, Judge Gregory Horn. The court reverses the trial court’s determination that it lacked jurisdiction over Gregory Brandon’s wage payment claim under the Wage Payment Statute. The court finds that the trial court erred in denying Brandon’s motion for summary judgment regarding his actual unpaid wages, ruling that he is entitled to $5,535.06 without a genuine issue of material fact. However, the court affirms the trial court’s denial of liquidated damages, as Brandon failed to demonstrate that Caregan acted in bad faith regarding those payments. The case is remanded for further proceedings consistent with the appeals court’s decision. Judge DeBoer authored the opinion, with judges Mathias and Kenworthy concurring. Appellant’s attorney: Ronald E. Weldy, Weldy Law, Fishers, Indiana. Appellee’s attorney: Andrew J. Sickmann, Boston Bever Forrest Cross & Sickmann, Richmond, Indiana.
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