Ingolf U. Biereichel v. Steven Smith et al

ATTORNEY FOR APPELLANT             ATTORNEYS FOR APPELLEE,
                            STEVEN SMITH
David P. Jones
LaPorte, Indiana                Michael P. Blaize
                            Valparaiso, Indiana
    
                            Nick J. Thiros
                            Merrillville, Indiana

                             ATTORNEY FOR APPELLEE
                            LOCAL UNION NO. 8 OF THE                             INTERNATIONAL BROTHERHOOD OF                             PAINTERS AND ALLIED TRADES

                            Jennifer Kalas
                            Hammond, Indiana

IN THE

SUPREME COURT OF INDIANA

INGOLF U. BIEREICHEL, ) ) Appellant (Plaintiff Below ), ) 45S03-9812-CV-815 ) in the Supreme Court v. ) ) 45A03-9708-CV-265 STEVEN SMITH AND LOCAL UNION ) in the Court of Appeals NO. 8 OF THE INTERNATIONAL ) BROTHERHOOD OF PAINTERS AND ) ALLIED TRADES, ) ) Appellees (Defendants Below ). )

APPEAL FROM THE LAKE SUPERIOR COURT
The Honorable E. Duane Daugherty, Special Judge
Cause No. 45D01-9404-CT-402

December 23, 1998

 
SHEPARD, Chief Justice.

    Appellant Ingolf Biereichel challenges the trial court's grant of partial summary judgment in favor of defendant Local Union No. 8 of the International Brotherhood of Painters and Allied Trades. We reverse.

Procedural Posture and Relevant Facts

    On March 21, 1995, Biereichel sued Steven Smith, the International Brotherhood of Painters and Allied Trades, and Local Union No. 8 for injuries suffered from an alleged altercation between Biereichel and Smith.See footnote 1 Local Union No. 8 filed a motion for partial summary judgment, which the trial court granted. Biereichel appealed that decision, and the Court of Appeals affirmed. Biereichel v. Smith, 693 N.E.2d 634, 635 (Ind. Ct. App. 1998). Biereichel then sought transfer.

Decision

    The trial and appellate courts in this case based their

rulings on the then-existing common law rule of Calvary Baptist Church v. Joseph, 522 N.E.2d 371 (Ind. 1988). See (R. at 158-62); Biereichel, 693 N.E.2d at 636-38. Calvary stood for the proposition that a member of an unincorporated association could not maintain an action against the association itself for a tort committed by another member. 522 N.E.2d at 372-75. We have today abrogated the former common law rule in the case of Hanson v. Saint Luke's United Methodist Church, No. 49S02-9804-CV-228 (Ind. Dec. 22, 1998), and we now allow such suits. In the wake of Hanson, the grant of partial summary judgment in favor of Local Union No. 8 on the grounds of the common law rule is no longer justified.

Conclusion

    We grant transfer and reverse the partial summary judgment granted in favor of Local Union No. 8. We remand to the trial court for proceedings on the merits.

 
Dickson, Sullivan, Selby, and Boehm, JJ., concur.

Footnote:     1 Though Biereichel's initial complaint also included See footnote See footnote See footnote Steven Smith and the International Brotherhood of Painters and Allied Trades , only Local Union No. 8 is a party to this appeal. Footnote:     1 While Biereichel also apparently sued the International Brotherhood of Painters and Allied Trades and Steven Smith as its business representative, only Local Union No. 8 is a party to this appeal. Footnote:     1 While Biereichel also apparently sued the International Brotherhood of Painters and Allied Trades and Steven Smith as its business representative, only Local Union No. 8 is a party to this appeal. Footnote:     1 While Biereichel also apparently sued the International Brotherhood of Painters and Allied Trades and Steven Smith as its business representative, only Local Union No. 8 is a party to this appeal.