MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Aug 11 2020, 8:48 am court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case. ATTORNEYS FOR APPELLANTS ATTORNEY FOR APPELLEES Matthew R. Kaczmarek J. Thomas Vetne Michael W. Shakour Jones Obenchain, LLP Sopko, Nussbaum, Inabnit & South Bend, Indiana Kaczmarek South Bend, Indiana IN THE COURT OF APPEALS OF INDIANA Susan Mwangi and Joe Mwangi, August 11, 2020 Appellants-Plaintiffs, Court of Appeals Case No. 20A-CT-528 v. Appeal from the St. Joseph Superior Court Nicholas Bobelinski and Classic The Honorable Seamless Gutter, Inc., Margot F. Reagan, Judge Appellees-Defendants. Trial Court Cause No. 71D04-1603-CT-167 Kirsch, Judge. Court of Appeals of Indiana | Memorandum Decision 20A-CT-528 | August 11, 2020 Page 1 of 17 [1] Susan Mwangi (“Susan”) and Joe Mwangi1 (“Joe’), collectively (“the Mwangis”) appeal the trial court’s entry of judgment in favor of Nicholas Bobelinski (“Bobelinski”) and Classic Seamless Gutter, Inc. (“Seamless Gutter”). The Mwangis raise the following two issues for our review: I. Whether the trial court abused its discretion when it denied Susan’s requests for a continuance; and II. Whether the trial court erred by granting Bobelinski and Seamless Gutter’s motion for a directed verdict. [2] Finding no error, we affirm. Facts and Procedural History [3] On May 22, 2014, Susan was stopped2 at a traffic light at the intersection of South Bend Avenue and Twyckenham Avenue in South Bend, Indiana when her vehicle was hit by Bobelinski, who was driving a vehicle owned by his employer, Seamless Gutter. Appellant’s App. Vol. 2 at 17, 92, 97.3 At the time of 1 Susan’s husband, Joe, has resided in Kenya throughout the underlying litigation and has not been able to participate in any of the proceedings due to his pending immigration petition not yet being processed. See Appellant’s Br. at 8 n.2. Thus, we refer primarily to Susan. 2 At trial, Susan claimed she was driving when the accident occurred, but both her complaint and her Appellant’s Brief state that she was stopped when the accident occurred. Appellant’s App. Vol. 2 at 17-19; Appellants Br. at 8. 3 The Mwangis have placed both the January 23, 2020 pretrial transcript and February 3, 2020 bench trial transcript in their Appellant’s Appendix. See Appellant’s App. Vol. 2 at 47-116. They have also produced the pretrial transcript in a separate transcript volume but have not done the same for the bench trial transcript. See Tr. Vol. 2 at 1-27. We cite to the January 23, 2020 pretrial transcript as “Tr. Vol. 2” and to the February 3, 2020 bench trial transcript as “Appellant’s App. Vol. 2.” We remind counsel that Appellate Rule 50(F) Court of Appeals of Indiana | Memorandum Decision 20A-CT-528 | August 11, 2020 Page 2 of 17 the accident, Susan, who is from Kenya, was in the ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals