Jason Young v. Hood's Gardens, Inc.

2 N.E.3d 724, 2013 WL 6631462, 2013 Ind. App. LEXIS 619
CourtIndiana Court of Appeals
DecidedDecember 17, 2013
Docket29A02-1303-PL-298
StatusPublished
Cited by1 cases

This text of 2 N.E.3d 724 (Jason Young v. Hood's Gardens, Inc.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jason Young v. Hood's Gardens, Inc., 2 N.E.3d 724, 2013 WL 6631462, 2013 Ind. App. LEXIS 619 (Ind. Ct. App. 2013).

Opinions

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Jason Young (Young), appeals the trial court's summary judgment in favor of Appeliee-Plaintiff, Hood's Gardens, Inc. (Hood's).

We affirm.

ISSUES

Young raises two issues on appeal, which we restate as the following:

(1) Whether the trial court abused its discretion by striking portions of Young's designated affidavit; and
(2) Whether the trial court erred when it granted summary judgment in favor of Hood's.

[727]*727FACTS AND PROCEDURAL HISTORY

Steve Hood (Steve) is the owner of Hood's, a greenhouse located in Nobles-ville, Indiana. In September 2009, Steve contacted Craig Mead (Mead), who did business as Discount Tree Extraction a/k/a D & E Tree Extraction, to remove a tall oak tree at Hood's. Mead provided similar services to Hood's a year before, removing a large hickory tree that had been damaged during a storm. Though contracting Mead to remove the tree, Steve did not permit him to keep the wood.

Mead quoted Hood's a price of $600 to remove the tree, which Steve accepted. No written agreement was made. Mead's services included cutting down and remoyal of the tree, wood, and debris. This time, Mead was permitted to keep the wood, which he intended to resell as firewood. The price was fixed: the amount -of time, the use of equipment, or the number of workers required to complete the work would not affect the price. However, Mead's practice was to "price accordingly if I got all the wood." (Appellant's App. p. 91).

In September 2009, Mead sent workers to Hood's to cut the tree limbs down. Steve did not direct their activities. Workers also removed the wood from Hood's, but the stump, "measuring ten to fifteen feet in height," remained. (Appellant's App. p. 86). Meanwhile, Mead arranged for Young to remove the stump, offering him $100 for the work. On September 29, 2009, Young arrived at Hood's and told Steve that Mead had sent him to remove the stump. Young called Mead to complain that the work was taking "too long," and that he did not "really think this is worth my time for the money." (Appellant's App. p. 92). Mead agreed to pay Young $200 for the work. While working, Young was severely injured and rendered a paraplegic. Steve later paid Mead $600 for the work.

On October 27, 2009, an attorney representing Young contacted Hood's, seeking worker's compensation benefits because Mead did not carry worker's compensation insurance. Hood's did not procure a certificate from Mead certifying worker's compensation coverage. On August 26, 2010, Hood's filed a complaint for declaratory judgment against Mead and Young. Hood's alleged that because the work performed by Mead was less than $1,000, it was not secondarily liable for worker's compensation benefits. On October 25, 2010, Young filed his answer, but Mead did not respond and a default judgment later was issued against him.

On July 29, 2011, Hood's filed its motion for summary judgment, arguing that, as a matter of law, it was not secondarily liable for payment of worker's compensation benefits to Young. Specifically, Hood's contended that because its contract with Mead was less than $1,000, it did not meet the threshold to trigger secondary liability under the Indiana Worker's Compensation Act (Act). On September 28, 2011, Young responded to Hood's summary judgment motion, designating his affidavit in support. That same day, Young filed a motion to dismiss for lack of subject matter jurisdiction, arguing that the Indiana Worker's Compensation Board possessed exclusive jurisdiction over the matter. On October 25, 2011, Hood's responded and moved to strike portions of Young's affidavit. On December 13, 2011, the trial court held hearings on the parties' motions, granting Young's motion to dismiss and declaring Hood's summary judgment moot.

Hood's appealed and this court reversed. Hood's Gardens, Inc. v. Young, 976 N.E.2d 80, 84 (Ind.Ct.App.2012). We concluded that the Act's exclusivity provision deprived a trial court of jurisdiction to ad[728]*728dress an employee's "rights and remedies in an action against his employer for injuries," the trial court nevertheless possessed jurisdiction "to make a threshold determination about whether an employer is subject to the Act's rights and remedies provisions." Id. at 83-84. As a result, we held that "the trial court erred in granting Young's motion to dismiss for lack of jurisdiction and in deciding that [Hood's] summary judgment motion was moot" and remanded for further proceedings. Id. at 84.

On February 8, 2013, the trial court held a hearing on the motion for summary judgment and motion to strike. On March 12, 2013, the trial court issued its Order granting summary judgment in favor of Hood's and striking portions of Young's affidavit.

Young now appeals. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

I. Standard of Review

On appeal, Young challenges the trial court's grant of summary judgment in favor of Hood's as well as the striking of his affidavit, The purpose of summary judgment is to terminate litigation where there is no factual dispute and which may be determined as a matter of law. Madison Cnty. Bd. of Comm'rs v. Town of Ingalls, 905 N.E.2d 1022, 1025 (Ind.Ct. App.2009), trans. denied. When reviewing the grant or denial of a motion for summary judgment, we must determine whether there is a genuine issue of material fact and whether the moving party is entitled to judgment as a matter of law. Ind. Trial Rule 56(C). In reviewing a trial court's ruling on summary judgment, this court stands in the shoes of the trial court, applying the same standards in deciding whether to affirm or reverse summary judgment. Roche Diagnostics Operations, Inc. v. Marsh Supermarkets, LLC, 987 N.E.2d 72, 78 (Ind.Ct.App.2013), trans. denied. Thus, on appeal, we must determine whether there is a genuine issue of material fact and whether the trial court has correctly applied the law. Id. In doing so, we consider all of the designated evidence in the light most favorable to the non-moving party. Id. A trial court's grant of summary judgment is clothed with a presumption of validity. BP Amoco Corp. v. Szymanski, 808 N.E.2d 683, 686 (Ind.Ct.App.2004), trans. denied. Summary judgment will be affirmed on appeal if it is sustainable on any theory or basis found in the evidence designated to the trial court. Town of Ingalls, 905 N.E.2d at 1025.

Here, the trial court's summary judgment contains its findings of fact and conclusions of law in support. However, the trial court's findings on summary judgment are not binding on appeal. Roche, 987 N.E.2d at 78. Although an aid to appellate review, the trial court's findings and conclusions merely afford the appellant an opportunity to address the merits of the trial court's rationale. Id.

I1. Motion to Strike

Before turning to the merits of Young's appeal, we address the trial court's grant of Hood's motion to strike Young's affidavit.

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Jason Young v. Hood's Gardens, Inc.
Indiana Supreme Court, 2015

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2 N.E.3d 724, 2013 WL 6631462, 2013 Ind. App. LEXIS 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jason-young-v-hoods-gardens-inc-indctapp-2013.