About this Event
715 Calhoun Street, Fort Wayne, IN 46802
This Traveling Oral Argument will not be webcast live because it will not take place in the Court of Appeals Courtroom. Video of the event will become available within about one week after the hearing. See Oral Arguments Online for video.
Abigail Fricke alleges she tripped over an unmarked raised section of flooring in the lobby of a Red Lobster restaurant in Indianapolis. She sued the restaurant asserting negligence. Red Lobster subsequently filed a motion for summary judgment in which it argued that Fricke was judicially estopped from recovering for her personal injury claim because she failed to disclose the claim as an asset in her bankruptcy proceeding. Fricke argued in response that she was not required to disclose the claim because the claim did not exist when she filed her bankruptcy petition, but she nonetheless disclosed the lawsuit in her schedule of assets after it accrued. Fricke also submitted an affidavit in which she averred that one of her interrogatory responses was erroneous. Red Lobster moved to strike Fricke's affidavit on the basis that her affidavit was inconsistent with her prior sworn statements. The trial court denied both of Red Lobster's motions. Red Lobster argues on appeal the trial court erred in denying its motion for summary judgment and its motion to strike.
The scheduled panelists are Judge May, Judge Mathias, and Judge Tavitas.