IN THE
Court of Appeals of Indiana FILED Dec 16 2025, 9:28 am
CLERK Indiana Supreme Court Garrett Norman, Court of Appeals and Tax Court
Appellant-Plaintiff
v.
HNTB Corporation, HNTB Indiana, Inc., CDM Smith Inc., Rieth-Riley Construction Co., Inc., Roadsafe Traffic Systems, Inc., Indianapolis Public Transportation Corporation, the City of Indianapolis, Shrewsberry & Associates, LLC, and American Structurepoint, Inc., Appellees-Defendants
December 16, 2025 Court of Appeals Case No. 25A-CT-185 Appeal from the Marion Superior Court The Honorable John M.T. Chavis, II, Judge Trial Court Cause No. 49D05-2105-CT-16053
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 1 of 16 Opinion by Judge Vaidik Judges Tavitas and Felix concur.
Vaidik, Judge.
Case Summary [1] During construction of the Red Line bus route in Indianapolis, motorcyclist
Garrett Norman collided with Victoria Gaston’s car when Gaston turned left at
an intersection where left turns were newly prohibited. Norman was dragged
under Gaston’s vehicle and suffered extensive injuries. He brought a negligence
action against multiple entities involved in the construction, alleging that the
pavement markings and traffic-control devices along the Red Line were
inadequate and created an unsafe roadway for motorists. In her deposition,
Gaston gave conflicting testimony about whether she made the left turn
knowing that turning left was prohibited at that intersection. Relying on only
certain portions of Gaston’s deposition testimony, the trial court granted
summary judgment for the defendants.
[2] Norman now appeals, arguing that the conflicts in Gaston’s deposition
testimony create genuine issues of material fact precluding summary judgment.
We agree. The rule prohibiting a party from using its own contradictory
testimony to create an issue of fact to defeat summary judgment does not apply
to conflicting statements by a non-party witness made within the same
deposition. We therefore reverse and remand for further proceedings.
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 2 of 16 Facts and Procedural History [3] In the summer of 2019, construction was wrapping up on the Red Line,
Indianapolis’s first bus rapid-transit line. The northernmost part of the Red Line
was to be on North College Avenue, stretching from 38th Street to 66th Street.
As part of the Red Line design, College Avenue was converted from three
northbound lanes and two southbound lanes to one traffic lane in each direction
and a center lane for buses only. Because of the bus lane in the center of the
road, turning left off of College became prohibited at many intersections where
left turns had previously been allowed, including the intersection of College and
60th Street. Several traffic-control devices were installed to prevent left turns at
these intersections: a solid yellow line on each side of the bus lane, a rubber
median down the middle of the bus lane, triangle-shaped concrete islands with
metal posts in the middle where the side streets meet College, and no-left-turn
signs at the far-left corners of the intersections.
[4] On the night of July 23, Norman was driving his motorcycle south on College
Avenue. He came to a stop at a red light at the intersection of College and 61st
Street. After the light turned green, Norman was beginning to accelerate when
Gaston used the left-turn-only lane to pass him in her car. Gaston then moved
in front of Norman, and as they continued down College, she braked several
times. When Gaston came to the intersection of College and 60th Street (which
doesn’t have a stoplight or a stop sign on College) she slammed on her brakes.
Norman swerved to the left to avoid a collision, but then Gaston began turning
left onto 60th Street. Norman “laid the motorcycle down” and rolled off of it
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 3 of 16 “[a]s an evasive maneuver,” but his body rolled in front of Gaston’s car, and
she ran over him as she was making the left turn. Appellant’s Br. p. 13.
Norman’s helmet lodged between the underside of Gaston’s car and the
pavement, and he was dragged under the car as Gaston continued driving onto
60th Street. Norman survived but sustained extensive injuries.
[5] In 2021, Norman brought a negligence action against multiple parties involved
in the construction of the Red Line: HNTB Corporation, HNTB Indiana, Inc.,
Rieth-Riley Construction Co., Inc., CDM Smith Inc., Roadsafe Traffic
Systems, Inc., the City of Indianapolis, Indianapolis Public Transportation
Corporation, Shrewsberry & Associates, LLC, and American Structurepoint,
Inc. Norman alleged that the defendants failed to provide a reasonably safe
roadway through the Red Line construction and to “reasonably inspect the
pavement marking and traffic control devices for motorists along the Red
Line.” Appellant’s App. Vol. 2 p. 59. Norman didn’t name Gaston as a party to
the suit, but in its answer to Norman’s complaint, Rieth-Riley “nam[ed] Gaston
as a non-party responsible for Norman’s claimed personal injuries.” Appellees’
Br. p. 6. 1
[6] The parties engaged in discovery over the next few years. In January 2024,
Norman took Gaston’s deposition. While questioning Gaston about her driving
1 After the accident, Gaston was taken to a nearby hospital for a blood draw and was found to have THC and its metabolite in her blood. In August 2023, Gaston pled guilty to Level 5 felony causing serious bodily injury when operating a vehicle with a controlled substance in her blood. See Cause No. 49D20-2003-CM-10125.
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 4 of 16 on the night of the accident, Norman’s counsel asked, “Before that evening, did
you ever even notice that sign that says ‘No Left Turn’? Had you ever noticed
that before?” Appellant’s App. Vol. 3 pp. 84-85. Gaston answered, “No.” Id. at
85. When counsel showed Gaston a photo of the 60th & College intersection at
the time of the accident, Gaston identified the measures to prevent left turns
shown in the photo but testified that she didn’t know she couldn’t turn left
there:
Q. Okay. And this is the intersection where you attempted to turn left and there was -- the accident occurred. Do you see that sign on the corner there?
A. Yes.
Q. What does that sign say?
A. “No Turn.”
Q. “No Left Turn”?
....
Q. And there’s also a little island, concrete island there, and there’s a post there. Do you remember seeing that?
Q. That was there before the accident, too, wasn’t it? Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 5 of 16 A. Yes.
Q. But it’s your testimony you weren’t familiar with the fact that this -- you couldn’t turn left at this intersection. Am I right about that?
Appellant’s App. Vol. 2 pp. 133-34. As the deposition went on, Gaston
maintained that she didn’t see the no-left-turn sign but testified that even if she
had seen it, she didn’t think that would’ve stopped her from turning left:
Q. Is it your understanding that it’s okay to drive over a solid yellow line?
A. No. It’s not okay.
Q. But you did it anyway?
Q. The sign that said “No Left Turn,” I think it’s your testimony that you didn’t notice that before the evening of the accident; is that true?
A. No. No, I didn’t.
Q. You had not noticed --
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 6 of 16 A. I did not notice it.
Q. You would agree that if you had noticed it, then you would’ve been aware that left turn is prohibited there; right?
A. Yes. But, like I said, people turn over there. The Red Line wasn’t stopping nothing, it seemed like, to people. It was getting built, but it was -- it was not stopping a lot of people, I’m pretty sure. It’s not just going off of me.
Q. So if the solid yellow line didn’t stop you from turning, do you think seeing the “No Left Turn” sign would’ve stopped you from turning left?
A. No.
Id. at 135-36. Shortly after that line of questioning, counsel for American
Structurepoint asked, “And just to confirm the questioning from counsel, the
night of the accident, right before you made the left-hand turn, you understood
that you were not supposed to make a left-hand turn at 60th Street; is that
correct?” Id. at 137-38. Gaston answered, “Yes.” Id. at 138. Later still, Gaston
contradicted her earlier testimony that she didn’t think seeing the no-left-turn
sign would’ve stopped her from turning left:
Q. So if you saw the -- so you didn’t see the “No Left Turn” sign, though, correct, the night of?
A. I don’t remember no left turn sign being right there, and the police said there wasn’t no sign up.
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 7 of 16 Q. If you had s[een] a “No Left Turn” sign, would you have turned left?
A. No, I wouldn’t.
Q. But you previously testified that there was a sign at the scene; correct?
A. I didn’t recall seeing no sign. . . .
Appellant’s App. Vol. 3 p. 87.
[7] Rieth-Riley moved for summary judgment, arguing that it wasn’t a proximate
cause of Norman’s injuries because Gaston turned left at the 60th & College
intersection despite knowing it was prohibited and “intended to make an
improper turn all along.” Appellant’s App. Vol. 2 pp. 75-76. In support of its
motion, Rieth-Riley designated, among other evidence, Gaston’s deposition
testimony that she knew she wasn’t supposed to make a left turn at that
intersection, she knew the concrete island was intended to prevent left turns,
she drove over the solid yellow line despite knowing that’s not allowed, and she
would’ve turned left even if she’d seen the no-left-turn sign.
[8] In his opposition to Rieth-Riley’s motion, Norman argued, in relevant part, that
summary judgment was improper because material facts were in dispute,
designating Gaston’s deposition testimony that she wasn’t aware that she
couldn’t turn left at that intersection and that she wouldn’t have turned left if
she’d seen the no-left-turn sign. Norman also designated as evidence the
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 8 of 16 affidavit of engineer Fred Hanscom, who explained that the no-left-turn sign,
which was placed on the far-left side of the intersection, was “too far in a
driver’s periphery to communicate the no-left-turn message.” Appellant’s App.
Vol. 3 p. 56. He also noted that the designated bus lane extending through the
intersection with a solid yellow line on each side “was an unfamiliar traffic
control configuration, which is inevitably a source of driver confusion” and
“divert[ed] attention” from the no-left-turn sign. Id. at 55, 66. Hanscom opined
that these ineffective traffic-control devices at the intersection created a
dangerous condition, which significantly contributed to the crash.
[9] The trial court granted summary judgment for Rieth-Riley, finding:
Gaston was familiar with the intersection where the crash occurred and she knew it was illegal to turn left there. Gaston knew that the concrete island was intended to discourage people from making left turns but she did so anyway. Gaston testified that she would not have stopped from turning left even if she saw a “No Left Turn” sign at the intersection where the crash occurred. Gaston’s actions were an intervening, superseding cause that broke the causal connection between Rieth-Riley and Norman.
Id. at 48. The remaining defendants subsequently moved for summary
judgment, contending that the court’s conclusion that Gaston was an
intervening, superseding cause was dispositive of Norman’s allegations against
them. Later, the court granted summary judgment for the remaining
defendants.
[10] Norman now appeals.
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 9 of 16 Discussion and Decision [11] Norman argues that the trial court erred in granting Rieth-Riley’s motion for
summary judgment and in later granting summary judgment for the remaining
defendants. We review a motion for summary judgment de novo, applying the
same standard as the trial court. Hughley v. State, 15 N.E.3d 1000, 1003 (Ind.
2014). That is, “The judgment sought shall be rendered forthwith if the
designated evidentiary matter shows that there is no genuine issue as to any
material fact and that the moving party is entitled to a judgment as a matter of
law.” Ind. Trial Rule 56(C). The court must view the evidence in the light most
favorable to the nonmovant and may not weigh the evidence or judge witness
credibility—that assignment is reserved for the jury. Cave Quarries, Inc. v. Warex
LLC, 240 N.E.3d 681, 685 (Ind. 2024).
[12] A party moving for summary judgment bears the initial burden of
“demonstrat[ing] the absence of any genuine issue of fact as to a determinative
issue.” Hughley, 15 N.E.3d at 1003. The burden then shifts to the nonmovant to
“come forward with contrary evidence showing an issue for the trier of fact.” Id.
(quotation omitted). On appeal from the grant of summary judgment, the
nonmovant has the burden of showing that the trial court erred in determining
that there are no genuine issues of material fact and that the moving party was
entitled to judgment as a matter of law. Kramer v. Cath. Charities of Diocese of Fort
Wayne-South Bend, Inc., 32 N.E.3d 227, 231 (Ind. 2015). “A fact is ‘material’ if
its resolution would affect the outcome of the case, and an issue is ‘genuine’ if a
trier of fact is required to resolve the parties’ differing accounts of the truth, or if
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 10 of 16 the undisputed material facts support conflicting reasonable inferences.”
Hughley, 15 N.E.3d at 1003.
[13] In negligence cases such as this, summary judgment is rarely appropriate
because issues of contributory negligence, causation, and reasonable care are
more appropriately left for the trier of fact. Lyons v. Richmond Cmty. School Corp.,
19 N.E.3d 254, 261 (Ind. 2014). “Nonetheless, summary judgment is
appropriate when the undisputed material evidence negates one element of a
negligence claim.” Kramer, 32 N.E.3d at 231. The elements of a negligence
claim are (1) a duty owed by the defendant to the plaintiff, (2) a breach of that
duty, and (3) injury to the plaintiff caused by the defendant’s breach. Id.
[14] At issue here is the causation element of Norman’s negligence claim. To negate
this element, Rieth-Riley designated in support of its summary-judgment
motion Gaston’s deposition testimony that she would’ve turned left at 60th &
College even if she’d seen the no-left-turn sign and that she knew she wasn’t
supposed to make a left turn at that intersection, the concrete island was
intended to prevent left turns, and driving over a solid yellow line isn’t allowed.
But as Norman highlights, other portions of Gaston’s deposition—which
Norman designated as evidence in opposition to Rieth-Riley’s motion—directly
contradict this testimony. Gaston testified that she “w[as]n’t familiar with the
fact that [she] couldn’t turn left at [the 60th & College] intersection” and that
she didn’t see the no-left-turn sign before the accident or that night. And
although she testified that since “the solid yellow line didn’t stop [her] from
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 11 of 16 turning, [she didn’t] think seeing the ‘No Left Turn’ sign would’ve stopped
[her],” she later said that if she’d seen the sign, she wouldn’t have turned left.
[15] The defendants acknowledge the contradictions in Gaston’s deposition
testimony but maintain that these contradictions don’t create a genuine issue of
material fact. They cite Dyer v. Hall, 928 N.E.2d 273 (Ind. Ct. App. 2010), trans.
denied, and Miller v. Martig, 754 N.E.2d 41 (Ind. Ct. App. 2001), for the
proposition that “[g]enerally, a genuine issue of material fact is not created
through a witness’s own inconsistent testimony.” Appellees’ Br. p. 22. It is true
that a nonmovant cannot use contradictory testimony in their own affidavit to
create an issue of fact to defeat summary judgment, see Shorewood Forest Utils.,
Inc. v. Welsh, 237 N.E.3d 1142, 1148 (Ind. Ct. App. 2024), but this rule doesn’t
apply to the inconsistencies in Gaston’s deposition testimony. As our Court has
explained, “the stated purpose for this rule is to prevent a party from generating
its own genuine issue of material fact by providing self-serving contradictory
statements without explanation.” M.S.D. of Martinsville v. Jackson, 9 N.E.3d 230,
245 (Ind. Ct. App. 2014) (quotation omitted), trans. denied. Indeed, if a party
“could raise an issue of fact simply by submitting an affidavit contradicting his
own prior testimony, this would greatly diminish the utility of summary
judgment as a procedure for screening out sham issues of fact.” Shorewood, 237
N.E.3d at 1148.
[16] But the risk of “sham issues of fact” is not present here. Unlike the cases on
which the defendants rely, this is not a case where a witness said one thing in a
sworn statement and then contradicted themselves in a later sworn statement.
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 12 of 16 And unlike many of the cases in which we’ve applied this rule, this is not an
instance where a witness stated one thing in their deposition and then later
made a contradictory statement in an affidavit designated in opposition to a
summary-judgment motion. See, e.g., Shorewood, 237 N.E.3d at 1148-49;
Crawfordsville Square, LLC v. Monroe Guar. Ins. Co., 906 N.E.2d 934, 939 (Ind. Ct.
App. 2009), trans. denied. Rather, the conflicts in Gaston’s testimony occurred
within a single deposition, which was taken before Rieth-Riley moved for
summary judgment and after Gaston was criminally convicted for her role in
the accident. Additionally, as a non-party witness, Gaston did not have the self-
interest of a party trying to defeat summary judgment. Contradictory statements
of a non-party witness during a single deposition may be used to create issues of
fact in a summary-judgment proceeding. 2
[17] Of course, the presence of disputed facts does not automatically preclude
summary judgment. “[D]espite conflicting facts and inferences on some
elements of a claim, summary judgment may be proper where there is no
dispute or conflict regarding a fact that is dispositive of the claim.” Bushong v.
Williamson, 790 N.E.2d 467, 474 (Ind. 2003). But whether Gaston knew she
couldn’t turn left at the 60th & College intersection, saw the no-left-turn sign on
the night of the accident, and would’ve turned left even if she had seen the sign
are dispositive of Norman’s claim. Indeed, the sole basis of the court’s grant of
2 Because the issue is not before us today, we save for another time whether contradictory statements made by a party during a single deposition (or other sworn statement) may be used to create issues of fact to defeat summary judgment.
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 13 of 16 summary judgment to Rieth-Riley was its conclusion that Gaston’s actions
broke the causal connection between Rieth-Riley and Norman, which was
based on Gaston’s testimony that she knew left turns were prohibited at the
intersection and would’ve turned left even if she saw the no-left-turn sign. By
designating Gaston’s testimony to the contrary, Norman met his burden of
raising a genuine issue of material fact. Cf. Larch v. Larch, 564 N.E.2d 313, 316
(Ind. Ct. App. 1990) (holding that discrepancies in non-party witness’s
deposition testimony didn’t create issues of fact precluding summary judgment
because “the discrepancies . . . all ha[d] to do with collateral issues”).
[18] Despite Norman designating this contrary evidence, the trial court relied only
on the portions of Gaston’s testimony designated by Rieth-Riley to reach its
conclusion that Gaston was an intervening, superseding cause. See Appellant’s
App. Vol. 2 pp. 48, 53. In doing so, the court impermissibly weighed Gaston’s
testimony and decided which of her statements to believe. This was improper at
the summary-judgment stage. “By definition, cases that hinge upon disputed
facts are inappropriate for summary judgment, because weighing evidence—no
matter how decisively the scales may seem to tip—is a matter for trial, not
summary judgment.” In re Ind. State Fair Litig., 49 N.E.3d 545, 548 (Ind. 2016)
(quotation omitted). Rather than resolving the conflicts in Gaston’s testimony
itself, the trial court should’ve left it to the jury to determine which of Gaston’s
statements to credit. Because this improper credibility determination was the
basis of the court’s decision, the court erred in granting Rieth-Riley’s summary-
judgment motion.
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 14 of 16 [19] Likewise, the only ground for the court’s grant of summary judgment for the
remaining defendants was its conclusion that Gaston was an intervening,
superseding cause. But since the court reached this conclusion by erroneously
weighing Gaston’s testimony, it also erred in granting summary judgment to
the remaining defendants. We therefore reverse the trial court’s entry of
summary judgment and remand for further proceedings. 3
[20] Reversed and remanded.
Tavitas, J., and Felix, J., concur.
ATTORNEY FOR APPELLANT Scott A. Faultless Craig Kelley & Faultless LLC Indianapolis, Indiana
ATTORNEY FOR APPELLEE RIETH-RILEY CONSTRUCTION CO., INC. Jerry E. Huelat Huelat Law P.C. LaPorte, Indiana
3 While its motion for summary judgment was pending, Rieth-Riley also moved to strike certain evidence that Norman designated in opposition. The court granted the motion to strike on the same day it granted summary judgment for Rieth-Riley. On appeal, Norman also challenges the trial court’s grant of the motion to strike. But because Gaston’s conflicting deposition testimony alone—even without the stricken evidence— sufficiently established genuine issues of material fact to preclude summary judgment, we do not consider whether the court erred in granting the motion to strike.
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 15 of 16 ATTORNEYS FOR APPELLEES HNTB CORPORATION AND HNTB INDIANA, INC. Crystal G. Rowe Jacob W. Zigenfus Kightlinger & Gray, LLP New Albany, Indiana ATTORNEYS FOR APPELLEE CDM SMITH INC. Mary Jo Wedding Katelyn Juerling Peter A. Schroeder Norris Choplin Schroeder LLP Indianapolis, Indiana ATTORNEY FOR APPELLEE ROADSAFE TRAFFIC SYSTEMS, INC. T. Allon Renfro Swanson, Martin, & Bell LLP Chicago, Illinois ATTORNEYS FOR APPELLEES THE CITY OF INDIANAPOLIS AND INDIANAPOLIS PUBLIC TRANSPORTATION CORPORATION James P. Strenski Anna M. Mallon Drewry Simmons Vornehm, LLP Carmel, Indiana ATTORNEY FOR APPELLEE SHREWSBERRY & ASSOCIATES, LLC Logan C. Hughes Reminger Co., L.P.A. Indianapolis, Indiana ATTORNEYS FOR APPELLEE AMERICAN STRUCTUREPOINT, INC. Robert D. Emmerson Michael D. Heavilon Nicholas C. Nizamoff DeFur Voran Fishers, Indiana
Court of Appeals of Indiana | Opinion 25A-CT-185 | December 16, 2025 Page 16 of 16