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[APPEALS] Ceres Solutions Cooperative, Inc. v. Estate of Kathryn Bradley, et al., No. 21A-CT-377

By Courts

Thursday, December 2, 2021 1pm to 1:40pm

Triton Central High School View map

4774 W 600 N, Fairland, IN 46126

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Due to the COVID-19 pandemic, access to the Courtroom will be limited to the Judges, limited Court personnel, and no more than two attorneys per arguing party.  (Litigants and other interested parties are invited to view the argument by live webcast outside the Courtroom or remotely.

On July 13, 2019, Kenneth Bradley’s home caught fire, with his wife and son inside, when a propane tank that had been filled by Ceres Solutions Cooperative, Inc. exploded. Almost three hours later, Bradley arrived at a makeshift roadblock less than a mile from his home. When he realized his house was on fire, he went through the roadblock. At the home emergency personnel had already arrived, and his son was on a gurney covered up to his neck by a blanket; Bradley’s wife was still inside the burning home. Her remains were later found but Bradley did not view her body at the scene.

Bradley filed a complaint against Ceres alleging, in part, negligent infliction of emotional distress. Ceres filed a motion for summary judgment on Bradley’s request for emotional distress damages as to both his son and wife. The trial court granted Ceres’s motion with respect to Bradley’s son but denied its motion as to Bradley’s wife. Ceres appeals, challenging the trial court’s partial denial of its motion for summary judgment. Bradley cross appeals, challenging the trial court’s partial grant of summary judgment to Ceres. The issue is whether the circumstances surrounding Bradley’s discovery of his son’s and wife’s injuries support his claim. 

The scheduled panel members are Judges Bailey, Robb and Weissmann

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