Gill V Evansville Sheet Metal Works

Esmw motion for summary judgment with respect to sharon s complaint that gale had been exposed to asbestos and.

Gill v evansville sheet metal works. It has long been settled that a preemption analysis begins with the presumption that. Evansville sheet metal works inc 970 n e 2d 633 637 ind. We are asked to consider whether summary judgment for esmw on gill s negligence claim was proper. Esmw allegedly worked as a contractor for al coa at a common work site with gale gill where materials containing asbestos were present and or used appellant s app.

Summary judgment is improper if the moving party fails to carry its burden but if it succeeds then the non moving party must come forward with evidence establishing the existence of a genuine issue of material fact. Indiana case law defines fixtures and the best discussion comes from the indiana supreme court in gill v. June 25 2012 docket number. Appellant plaintiff sharon gill sharon on her own behalf and on behalf of the estate of her husband gale gill gale appeals the trial court s grant of appellee defendant s evansville sheet metal works inc.

Citing to older indiana cases the court stated. Evansville sheet metal works inc. 49s05 1111 cv 672 justia opinion summary. 60 years of experience the latest in laser waterjet and other cnc cutting technologies make esmw your best choice for custom metal fabrication.

Evansville sheet metal works 970 n e 2d 633 ind. Standard principles of federal preemption guide this analysis. Evansville sheet metal works inc. Evansville sheet metal works inc 970 n e 2d 633 637 ind.

Brownsburg 963 n e 2d 453 457 ind. Gill appealed the trial court s ruling that the csor barred her contractor negligence claim and the court of appeals affirmed. Plaintiff claimed that her husband s death was caused by defendant s negligence in installing or removing asbestos containing materials and brought product liability and contractor negligence claims against defendant. Evansville sheet metal works inc 970 n e 2d 633 2012 wl 2384095 ind 2011 table thereby vacating the opinion of the court of appeals ind.

Evansville sheet metal works inc 970 n e 2d 633 637 n 4 ind.