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Sweet v. Art Pape Transfer12/28/1999
FOR PUBLICATION
L. Ann Sweet (Sweet) appeals a summary judgment in favor of Art Pape Transfer and Michael L. Sanger (collectively, Art Pape Transfer) and the denial of her own motion for summary judgment. Sweet raises a single issue that we restate as whether she had standing to bring an action for the wrongful death of her daughter based upon the daughter's status as an enrollee in a vocational school or program when the daughter had asked to pursue an educational program at a school of natural health where she was employed and had taken textbooks home and commenced studying, but had never completed an enrollment application and had not registered to take courses.
We reverse and remand for entry of partial summary judgment for Sweet.
FACTS AND PROCEDURAL HISTORY
Sweet brought an action for damages for the wrongful death of her daughter, Shawnee Rose Ulrey, after Shawnee died in a collision with a truck driven by Sanger as an employee of Art Pape Transfer. Shawnee was twenty-one years old and living with Sweet, who was providing her daily living expenses.
About four months before she was killed, Shawnee became employed at the Trinity School of Natural Health, a non-profit Christian institution that offers programs in the study of natural health. These self-study programs last for a period of one to two and one-half years and lead to non-traditional designations such as Master Herbalist, Doctor of Naturopathy, and Master of Holistic Health. Students in the programs answer a "module" of questions at the end of each section of their texts and send the answers to Trinity to be graded. Between 2300 and 2400 students are enrolled at the school. The school is not accredited through or financially supported by the state or federal governments. Indiana does not license herbalists or naturopaths and no diploma is required of persons who work in those fields.
As an employee of Trinity, Shawnee was entitled to pursue free of charge the courses offered there. She had sought and received permission from the registrar to pursue the Master Herbalist course and had taken some textbooks home and had begun studying. However, Shawnee never completed an enrollment application and the student records do not reflect that she was enrolled at Trinity as a student. The registrar testified that no enrollment application or financial agreement was requested or required because of Shawnee's status as an employee. Both Art Pape Transfer and Sweet moved for summary judgment. The trial court granted Art Pape Transfer's motion and denied Sweet's.
DISCUSSION AND DECISION
Standard of Review
When reviewing the grant of a summary judgment motion, we apply the same standard applicable in the trial court. Summary judgment is proper only when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Ind. Trial Rule 56(C). We do not weigh the evidence, but will consider the facts in the light most favorable to the non-moving party. Grose v. Bow Lanes, Inc., 661 N.E.2d 1220, 1224 (Ind. Ct. App. 1996). We must reverse the grant of a summary judgment motion if the record discloses an incorrect application of the law to those facts. Ayres v. Indian Heights Volunteer Fire Dep't, Inc., 493 N.E.2d 1229, 1234 (Ind. 1986). The dispute before us involves the construction of the statutory terms "enrolled" and "vocational school or program." Because the interpretation of a statute is a question of law reserved for the courts, see, e.g., ModuForm, Inc. v. Verkler Contractor, 681 N.E.2d 243, 248 (Ind. Ct. App. 1997), conflicting factual testimony does not necessarily give rise to an issue of
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