Steven Walton and D. Walton v. Derrick Powell, Carl Jennings, Dewalet Brown, and State Farm Insurance Company (mem. dec.) ( 2019 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be
FILED
regarded as precedent or cited before any Aug 02 2019, 6:39 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.
APPELLANT PRO SE ATTORNEYS FOR APPELLEE
Steven Walton CARL JENNINGS
Indianapolis, Indiana Mark S. Alderfer
Charles J. Maiers
Due Doyle Fanning & Alderfer,
LLP
Indianapolis, Indiana
ATTORNEY FOR APPELLEE
STATE FARM INSURANCE
COMPANY
Cary J. Solida
State Farm Litigation Counsel
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Steven Walton and D. Walton, August 2, 2019
Appellants-Plaintiffs, Court of Appeals Case No.
19A-PL-566
v. Appeal from the Marion Superior
Court
Derrick Powell, Carl Jennings, The Honorable Timothy W.
Dewalet Brown, and State Farm Oakes, Judge
Insurance Company, Trial Court Cause No.
Appellees-Defendants 49D02-1804-PL-16226
Court of Appeals of Indiana | Memorandum Decision 19A-PL-566 | August 2, 2019 Page 1 of 3
Baker, Judge.
[1] Steven Walton1 appeals the trial court’s dismissal of his complaint for failure to
state a claim upon which relief can be granted, arguing that the trial court erred.
Finding no error, we affirm.
[2] On April 3, 2018, Walton was involved in a multi-vehicle automobile accident
in the middle of an intersection. Walton suffered both physical and emotional
pain as a result of the incident. On April 27, 2018, Walton filed a complaint,
listing Derrick Powell, Carl Jennings, Dewalet Brown, and State Farm
Insurance Company (State Farm) as defendants. In the complaint, Walton
claimed that “[t]he Defendant Jennings and Brown are negligent under Indiana
State Law for not having Liability Insurance.” Appellant’s App. Vol. II p. 21.
On October 24, 2018, State Farm filed a motion for summary judgment, to
which Walton objected. Later, on January 18, 2019, Walton filed an amended
complaint and jury demand with the same allegation. On January 30, 2019,
Jennings filed a motion to dismiss Walton’s amended complaint under Indiana
Trial Rule 12(B)(6), arguing that Walton failed to state a claim upon which
relief can be granted, to which Walton also objected.
1
Though two appellants are listed in this appeal, only Steven Walton has filed a brief with this Court.
Court of Appeals of Indiana | Memorandum Decision 19A-PL-566 | August 2, 2019 Page 2 of 3
[3] Finally, on March 6, 2019, the trial court conducted a hearing on the various
motions and thereafter granted State Farm’s motion for summary judgment2
and Jennings’s motion to dismiss. Walton now appeals.
[4] We review a trial court’s grant of a motion to dismiss for failure to state a claim
de novo, giving no deference to the trial court’s determination. Bellows v. Bd. of
Com’rs of Cty. of Elkhart, 926 N.E.2d 96, 110 (Ind. Ct. App. 2010). A motion to
dismiss under Indiana Trial Rule 12(B)(6) tests the legal sufficiency of a
complaint: “that is, whether the allegations in the complaint establish any set of
circumstances under which a plaintiff would be entitled to relief.” Arflack v.
Town of Chandler, 27 N.E.3d 297, 302 (Ind. Ct. App. 2015).
[5] Here, Walton has not alleged any set of circumstances under which he would
be entitled to relief. Rather, Walton only claims that “[t]he Defendant Jennings
and Brown are negligent under Indiana State Law for not having Liability
Insurance.” There is no law in Indiana requiring people to carry liability
insurance. Furthermore, there is nothing else in Walton’s complaint that even
resembles a cognizable claim. As this is Walton’s only argument on appeal, we
hold that the trial court committed no error.
[6] The judgment of the trial court is affirmed.
Kirsch, J., and Crone, J., concur.
2
Walton does not appeal the trial court’s order granting summary judgment in favor of State Farm.
Court of Appeals of Indiana | Memorandum Decision 19A-PL-566 | August 2, 2019 Page 3 of 3